Category: News

Judicial appointment: Rafaquat Hussain

1MCB Chambers congratulates associate member Rafaquat Hussain on his appointment as District Judge.

Rafaquat will sit at Edmonton County Court, with effect from 7th February 2022, having previously sat as a fee paid judge in both the Social Entitlement Chamber and the Immigration and Asylum Chamber of the First Tier Tribunal.

 

 

Asylum seekers challenge Home Secretary’s secret policy to seize mobile phones

This week, the High Court is hearing a claim brought by three asylum seekers in which they challenge the Home Secretary’s secret policy of seizing the phones of those arriving to the UK on small boats. In the case of two of the claimants, it is alleged that once the Home Office had control over their mobile phones, all of their personal data was extracted and processed unlawfully.

Bernadette Smith is instructed by DPG, and represents MA and KH.  She is led by Tom Hickman QC. HM is represented by Gold Jennings Solicitors .

The claimants are challenging the Home Secretary’s blanket policy of seizing mobile phones and the exercise of search and seizure powers upon asylum seekers arriving to the UK.  They further challenge the practice whereby asylum seekers were compelled to provide PIN numbers under the threat of a criminal sanction, the retention of the phones and the extraction of either all data from the phone or all data covering a 30 day period, all of which they say is unlawful. The claimants also allege that the policies violated their rights under Article 8 and Article 1 of Protocol No 1 of the European Convention on Human Rights and breached data protection laws.

The claims raise fundamental issues in regards to the treatment of asylum seekers arriving in the UK. The phones were seized immediately upon arrival, often when the asylum seekers had just stepped off the boat, meaning that the Home Office took away the only opportunity the claimants had to contact loved ones to tell them they were safe, at a time when they had arrived to the UK exhausted, cold and hungry.  They were not allowed to copy down numbers they needed and they were threatened with criminal prosecution if they did not comply with the demand for the PIN.  The Jesuit Refugee Service UK recorded multiple accounts of Home Office phone seizures from asylum seekers and in so doing they began to get the first indication of the scale of this issue, although the true extent of the secret policy did not become known until many more months had passed. JRS UK documented these issues, advocated on behalf of the asylum seekers whose phones had been seized, and brought the issue to the attention of the Home Office. They have provided critical evidence in support of the claimants’ legal challenge.

Privacy International, a charity that defends and promotes the right to privacy, has been granted permission to intervene in the case; providing expert technical assistance to the court.

The blanket policy of seizing mobile phones from newly arrived asylum seekers is believed to have been in place since at least 2019 and continued for well over a year; the Home Secretary’s policy may have affected thousands of asylum seekers who were searched, had their phones seized, had their data extracted and retained unlawfully.

Geeta Koska and Alex Bennie of 1MCB Chambers  provided assistance with research.

The case has been reported on widely, including in The Guardian and The Independent.

 

1MCB Chambers mourns the death of Jocelyn Gibbs

It is with deep sadness that 1MCB Chambers announces the death of associate member, Jocelyn Gibbs.

Jocelyn Gibbs had an illustrious career at the Bar, having represented defendants in a number of high profile cases and made significant contributions to the development of the Bar and the legal sector overall.  She was a member of Chambers from 2000 to 2015 when she retired from practice and remained an associate member of Chambers. We, the members of 1MCB Chambers, are saddened by the sudden loss of our dearly beloved former colleague and friend and wish to pay tribute to her.

Jocelyn was a greatly respected and admired member of Chambers. She was a highly intelligent, selfless and kind person with a reservoir of knowledge both of law and life, which she happily shared. Her soft-spoken and quiet demeanour often concealed her tremendous accomplishments in her field of practice and endeavours.

Jocelyn was called to the Bar in 1972. She had a family at this time and deferred pupillage until 1976, joining 9 Stone Buildings, Lincolns Inn. She later became Joint Head of Chambers. Jocelyn joined two other sets of Chambers, 1 Grays Inn Square from 1990 to 1997 and 8 King Bench Walk, Temple, which later became 1MCB Chambers. In both these sets she was elevated to Joint Head of Chambers. Jocelyn was generous and a person of considerable talent, always ready and willing to give of her time and energy to promote and assist others.

Jocelyn was a pioneering black female barrister defined by her achievements and successes at a time when few women practised at the Bar and even fewer were black. She overcame challenges for herself and others with dignity and professionalism.  Throughout Jocelyn’s life, she always fought hard for racial equality and justice. Her early practice in the magistrates courts was spent fighting what came to be known as “SUS” cases, representing black youths, arrested by the police for so called “loitering with intent to steal” – allegations which were often proven to be totally fabricated. She spent her Saturdays giving free legal advice at the Black People Information Centre on Portobello Road.

Jocelyn was counsel in the Scarman Inquiry into the Brixton riots in 1981. She chaired an inquiry into allegations of racism and harassment surrounding the death of a ten year old boy in Lewisham and a panel inquiry into allegations of abuse at the Nye Bevan Residential Home for the Elderly in Southwark. She also contributed to the Cardiff Three murder trial, a case which led to the requirement for accreditation of all solicitors.

Jocelyn’s expertise led to her chairing numerous conferences on race and the criminal justice system in London and Birmingham organised by the Bar Council, the Commission for Racial Equality, and the Society of Black Lawyers.  Jocelyn sat on the management committee of the Citizens Advice Bureau based in the Royal Courts of Justice. She was an advisory member, and former director and trustee, of the Caldecott Foundation, and sat on the Legal Aid Agency’s Funding Review Committee.

Amongst her many achievements she was appointed an Assistant Recorder on the Midlands and Oxford circuit from 1989-96.  She was very much involved with the Bar Council over many years, sitting on the General Management Committee, the Professional Conduct Committee, and serving as vice-chair of the Race Relations Committee. Her positive intervention was significant for the many disproportionally affected out of the profession by their names on Bar exams.  She ensured that processes were anonymised so that they were fair and meritorious. This paved the way for many who now practice and who could have been similarly unjustly excluded.

Jocelyn was a brilliant barrister and unique talent. She was greatly loved and appreciated by all who knew her. Most of all and closest to her heart, she was the mother of three very successful children, two of whom are lawyers and the third a doctor. Her retirement was a great loss to Chambers and the Bar; her death is a loss to the world and we will miss her.

1MCB Chambers invites applications for tenancy

As 1MCB Chambers continues to grow and build upon its established history, we are looking to recruit outstanding senior (12 years call +) and junior (5 years call +) practitioners across our main practice areas of crime, civil, family, housing and immigration, who are committed to our ethos and want to contribute to chambers life.

We particularly encourage applications from Black, Asian, and Minority Ethnic candidates, women, persons with disabilities, as well as those returning to the Bar.

1MCB Chambers was founded 40 years ago – dedicated to promoting social justice, civil liberties, and access to justice – and to providing exceptional representation to the communities we serve.

We are fully committed to the Equality and Diversity Code for the Bar, the promotion of equal access to the profession, enabling flexible practices, as well as retaining and supporting women and persons with caring responsibilities.

1MCB Chambers’ efforts  were recognised at the Chambers UK Bar Awards 2021, winning Outstanding Set for Diversity and Inclusion.

1MCB Chambers offers a supportive and flexible approach to life at the Bar. To find out more, please visit our tenancy page.

Please send your covering letter and CV to tenancy@1mcb.com. If you are considering applying and wish to have an informal chat about whether we are the right next step for you, please email tenancy@1mcb.com indicating your main practice area(s) and one of the Tenancy Committee will contact you.

All applications will be treated in the strictest confidence.

Soraya Bauwens elected to the executive committee of the Bar Human Rights Committee

Soraya Bauwens

1MCB Chambers congratulates Soraya Bauwens on her recent election to the executive committee of the Bar Human Rights Committee (BHRC).

The BHRC seeks to protect and promote international human rights through the rule of law, by using the international human rights law expertise of some of the UK’s most experienced human rights barristers.  It elects an executive committee every two years to lead on the policy, strategy and delivery of its work.

Soraya practises in crime, international human rights and international criminal law, with a focus on representing victims of egregious human rights abuses.  She is currently on sabbatical, serving as Deputy Director of Reprieve.

 

Bernadette Smith appointed to Strategic Litigation Fund expert panel

Bernadette Smith has been appointed to the expert panel of the Strategic Litigation Fund for advancing justice for migrants.

The SLF supports strategic legal work in the UK which benefits asylum seekers, refugees and migrants, where they experience disadvantage or discrimination as a result of their migration status.

Bernadette practises in immigration, asylum, and public law.  She has been ranked in the Legal 500 three years consecutively, most recently in Tier 1.

1MCB Chambers wins Outstanding Set for Diversity & Inclusion at Chambers UK Bar Awards 2021

1MCB Chambers is extremely proud to have won the Outstanding Set for Diversity and Inclusion award at the Chambers UK Bar Awards 2021.

We dedicate this award to Len Woodley QC, our Head of Chambers from 1988 to 2000 and the first African Caribbean barrister to become Queen’s Counsel. Len’s professional life reflected a catalogue of high profile trials in the late twentieth century – the riots in Notting Hill, Tottenham and Brixton, to name a few. In 1970, Len appeared for a defendant in the famous Mangrove 9 trial, in which a group of black activists was accused of inciting a riot at a protest against the police targeting of The Mangrove, a Caribbean restaurant in Notting Hill. The trial became the first judicial acknowledgement of behaviour motivated by racial hatred within the Metropolitan Police. The trial was recently dramatised in one of the Oscar winning director Steve McQueen’s mini films in the series ‘Small Axe’ in which, very regrettably, Len was played by a white actor. Passionate about ensuring that the Bar reflects the diversity of the communities it serves, Len would have been immensely proud of this award.

Nowadays, 1MCB Chambers is one of the most diverse sets at the Bar. We are firmly committed to attracting – and retaining – women, black and ethnic minority staff and barristers, people who identify as LGBT+ and individuals with disabilities, through initiatives such as a funded mini pupillage scheme which targets able students from non-traditional backgrounds, our diversity mentoring scheme, and innovative policies designed to support those who are unable to work full time owing to caring responsibilities or disability. At 1MCB, diversity and inclusion are not just boxes to tick: they lie at the heart of who we are and what we stand for.

As we celebrate our achievements, so too we acknowledge that there is much still to be done to promote inclusion within our profession. For example, a recent report by the Bar Council’s race working group highlighted that a black female junior barrister with the same level of experience as a white male junior bills £18,700 a year less on average, and an Asian woman £16,400 less, and black and Asian women at the Bar are four times more likely to experience bullying and harassment at work than white men. In 2021, there are still only five black female QCs and 17 black male QCs – compared with 286 white women QCs and 1,303 white men who have taken Silk. The profession also continues to haemorrhage talented women barristers, which has a significant knock on effect on the diversity of the judiciary, with women representing just 26% of the judiciary in the higher courts. Until black and ethnic minority counsel are no longer mistaken for defendants at court; until no woman barrister dreads sharing news of her pregnancy for fear of the detrimental effect on her practice; until every court building in the country has a working lift – we at 1MCB Chambers will strive to continue to be agents for change.

Soraya Bauwens appointed Deputy Director of Reprieve

Soraya Bauwens

Chambers is delighted to announce that Soraya Bauwens has been appointed as acting Deputy Director of Reprieve.

Reprieve is a legal action NGO comprised of lawyers, investigators and campaigners fighting for victims of grave human rights abuses at the hands of powerful governments, facing execution or  victimised by states’ abusive counter-terror policies – rendition, torture, extrajudicial imprisonment and extrajudicial killing.  Soraya will oversee the organisation’s regional death penalty work, bringing her established expertise in capital defence and international law to the role.

Soraya practices in crime, international human rights and international criminal law, with a focus on representing victims of egregious human rights abuses. Soraya will remain a member of 1MCB Chambers on sabbatical during the course of her appointment.

Important ruling on preservation of EU rights post-Brexit

Shuyeb Muquit acted in the case of Geci (EEA Regs: transitional provisions; appeal rights) [2021] UKUT 285 (IAC), a case concerning the refusal of a residence card under EU law following Brexit. The Upper Tribunal took the opportunity to set out transitional provisions and confirm the continuing preservation of EU rights and in particular rights of appeal – more specifically the right to have confirmed an entitlement to a residence card.

The case has wide implications for those whose appeals against a refusal to issue a residence card was dismissed on public interest grounds, bearing in mind that the appeal to the tribunal is on the basis that the appeal is not in accordance with EU treaties rather than EEA regulations, and the former do not preclude the grant of residence cards on public interest grounds.  As a result, there may be many individuals who can now claim to have been wrongly refused residence cards.

Shuyeb was instructed by Malik & Malik Solicitors.   You can read the judgment here.

 

 

 

David Langwallner secures substantial reduction in sentence on appeal

David Langwallner recently secured a substantial reduction in the sentence of a man convicted of causing grievous bodily harm with intent.  The Court of Appeal agreed that the sentencing judge in the court below had failed to properly evaluate the implications of a psychological report which had confirmed a diagnosis of autism; the judge had further failed to properly engage with the implications of previous abuse suffered by the defendant, which may have caused him to misconstrue the complainant’s intentions.  The Court accordingly reduced David’s client’s sentence from 11 years’ imprisonment to 8 years’ imprisonment.

Iain Edwards, Anna Watterson and Michael Sprack ranked in Chambers and Partners 2022

Three members of 1MCB Chambers have been ranked in Chambers and Partners UK Bar Guide for 2022. Congratulations to Iain Edwards, Anna Watterson and Michael Sprack.

Iain Edwards was ranked for international criminal law:

“He is a professional, courteous and hard-hitting barrister who makes you proud of the British Bar when you see him in court”

Iain is a respected practitioner who attracts praise for his deep knowledge of international criminal law. He represents defendants charged with the gravest of offences, and has most recently has been appointed as associate counsel to defend Ali Muhammad Ali Abd-Al-Rahman before the International Criminal Court in The Hague. Iain has a particular expertise in international crimes and UN sanctions work.

Anna Watterson was ranked for social housing:

“She is an insightful and committed barrister who gives excellent, pragmatic advice and is at the same time very personable and a pleasure to instruct.”

Anna specialises in landlord and tenant law, housing and homelessness, with a particular emphasis on representing tenants. She prides herself on ensuring that vulnerable clients have the best possible experience of the justice system. Solicitors appreciate her practical approach and ability to clearly analyse complex cases and propose workable solutions.

Michael Sprack was also ranked for social housing:

“He is competent and effective, providing helpful advice and advocating successfully.  He is a really bright guy with very clever ideas in respect to strategy in difficult discrimination claims.”

Michael regularly accepts instructions to advise and act for occupiers defending possession claims and occupiers alleging disrepair, unlawful eviction, harassment or discrimination. Michael also represents clients in urgently securing interim relief from the High Court, as well as in homelessness appeals. Like many of 1MCB’s practitioners, Michael’s practice is multidisciplinary and he also has many years of experience in employment law on issues including unfair dismissal, discrimination, victimisation and whistleblowing, as well as advising and representing former employees in relation to High Court proceedings.

 

 

 

 

1MCB shortlisted for Chambers UK Bar Award

1MCB is delighted to have been shortlisted for a Chambers UK Bar Award in the category of Outstanding Set for Diversity & Inclusion. The awards ceremony will take place on Thursday, 18th November at Old Billingsgate, London.  The full shortlist can be found here: congratulations to all the nominees.

1MCB works with and for a diverse range of professional and lay clients.  Chambers’ expertise across a wide range of areas, our commitment to excellence and to finding solutions for our clients, and our collegiate working environment means that we are able to share our knowledge between and within areas, be approachable and offer the highest standards of representation.  ​

Chambers is guided by its commitment to the communities it serves.  We strive to support our members’ innovative, and often quiet, efforts to use law both to obtain justice for our individual clients and more broadly as a tool for social change.  We owe much of our ethos to the leadership of Len Woodley QC, the first Afro-Caribbean barrister to become a QC, who was head of chambers for the twelve years from 1988 to 2000.  He was involved in some of the most important race trials in the in the 70s and 80s. His dedication to civil liberties and equality of opportunity was not showy, but it was radical, and it is this approach that remains evident in Chambers today.

We are a very diverse set of Chambers with a breadth and depth of expertise across a broad range of areas including crime, immigration and asylum, housing and community care, family, actions against the police, public law, international law and civil litigation.  It is important to us that we not only continue to do legally aided work but also try to find ways to share our knowledge and offer support; the pressures on legal aid providers, following deep cuts and ongoing funding issues, continue to challenge the sector as well as access to justice.

Chambers supports its members’ strong links with community organisations and charities committed to bringing about structural change and addressing inequality both locally and internationally.  Members regularly provide expert advice and representation for these organisations as well as to representatives and on a direct access basis.