Lincoln House Chambers Mon, 17 Jul 2017 11:41:47 +0000 en-US hourly 1 Simon Gurney ensures Consultant cleared of all contested allegations after 3 week GMC fitness to practise hearing Mon, 17 Jul 2017 08:39:51 +0000 Read more]]> Dr S, a Consultant Obstetrician and Gynaecologist was referred by the GMC to a Medical Practitioners Tribunal after an investigation lasting 3 years. She was referred in respect of two cases: one concerning her permitting a registrar to be involved in his own wife’s Caesarean section; and another involving references written on behalf of a colleague.

Dr S had admitted a number of the allegations at an early stage, but disputed others. She particularly disputed the allegation by the GMC that she acted dishonestly in a number of different respects in both cases.

After a 3 week hearing the Tribunal found all of the contested charges not proven, meaning that only the charges admitted by Dr S proceeded to the second stage, where Simon successfully persuaded the Tribunal that Dr S was fit to practise as a medical practitioner.

The Tribunal concluded her case with a warning in relation to the aspects of her conduct which she had admitted from the very outset.

Dr S was represented by Simon Gurney, on a direct access basis in relation to the clinical case and instructed by Clyde & Co on the reference case.

After the hearing, Dr S said:

“Following a 3-year investigation and a 3-week Medical Practitioners Tribunal Service hearing, I, a Consultant Gynaecologist, had my name righteously cleared following serious allegations relating to dishonesty that threatened my medical registration.

I am confident that the favourable outcome was only made possible by Mr Gurney, and would highly recommend him to anyone undergoing any such difficult circumstances.


I was accused of a long list of allegations by the GMC in a complex and multifaceted sequence of events that revolved around a unique situation with one of the junior doctors and their clinical involvement in the care of their wife, who was admitted in labour, and around a second case of writing a an employment reference for a colleague.

I had immense confidence in Mr Gurney’s interactions and approach from the outset. His approach was very empathetic as I endured the most stressful time of my life. Most notably he had a quick grasp of the complex sequence of events, which filled me with confidence, and based on which he was able to offer me sound advice on choosing the right approach. I found the dealings with Mr Gurney very easy, particularly as he was always available to answer my questions at any time of day or weekend.


Mr Gurney demonstrated sharp attention to detail in his abilities to dissect through large volume of evidence and carefully select the critical items.  He had great foresight to help him plan and predict the line of questioning the GMC would take, and was able to carefully plan and counteract their approach. He carefully selected the right battles and his advocacy was logical, convincing and engaging.


Mr Gurney also assisted me with writing a thorough statement as part of the investigation. Whilst I accepted that my conduct was unintentionally misleading, I denied acting dishonestly, and the argument formulated by Mr Gurney was powerful and compelling.”

Simon specialises in the law concerning professional discipline and regulation.

He has experience representing police officers, doctors, nurses, pharmacists, social workers and other professionals before their regulatory tribunals and the higher courts. He is an experienced ‘direct access’ barrister, meaning he can accept instructions from a client without the need for a solicitor. He is also able, where necessary, to recommend experienced solicitors for clients who require assistance with litigation.

If you find yourself in need of advice or representation concerning such matters, please contact David Wright in Chambers on 0161 832 5701 or who will be able to discuss your needs and instruct Simon accordingly.

Can I get my costs following a successful appeal against conviction or sentence? Thu, 06 Jul 2017 11:44:01 +0000 Read more]]> Matthew Howarth successfully appealed against a conviction at Burnley Crown Court on Thursday 6th July 2017.  One of the difficulties Mr Howarth’s client had was that he was paying privately for the appeal. He sought his costs following his acquittal.

Mr Howarth made a successful application for a Defendant’s Costs Order to the court and was granted it in full. This included all the fees and private costs (capped at legal aid rates) for his client.

This is becoming more and more prevalent for individuals appealing convictions from the Magistrates Courts who do not receive legal aid. Mr Howarth has on occasion drafted skeleton arguments for the court in this area of law.

Matthew is able to advise on costs on appeal and available for CPD seminars solicitors may require. Please do not hesitate to get in touch.

View Matthew’s profile here.

Simon Kealey QC and Rick Holland act in unusual case of infanticide Thu, 29 Jun 2017 12:37:23 +0000 Read more]]> On 13 June, Rachel Tunstill was jailed to life imprisonment after being found guilty of murdering her daughter shortly after giving birth at her home in Burnley.

Tunstill denied having any recollection of the murder, which took place on 14 January. She was later sentenced to a minimum service of 20 years imprisonment.

Read the full story:

Chambers is delighted to announce the door tenancy of Simon Kealey QC Thu, 29 Jun 2017 10:02:37 +0000 Read more]]> The members of Lincoln House are delighted to welcome Simon Kealey QC to Chambers. Simon joins Chambers as an associate tenant whilst retaining tenancy at Zenith Chambers.

Simon was called to the bar in 1991 and was appointed Queens Counsel in 2017. He sits as a Recorder in the Crown Court and has a very strong practice representing both the Defence and Prosecution in serious criminal cases.

All enquiries in relation to Simon’s work and availability to accept instructions should be made to the Director of Clerking, David Wright.

View Simon’s full profile here.

Jury returns not guilty verdicts on a defendant charged with flying drugs into HMP Risley Wed, 28 Jun 2017 11:21:35 +0000 Read more]]> At the conclusion of a week’s trial at Warrington Crown Court, in May 2017, Mr Jeremy Lasker secured the acquittal of his client from all charges of conspiring with others to fly Heroin, Cocaine, Spice and a number of mobile phones and sim cards into HMP Risley.

Police officers who were lying in wait in the woods surrounding the prison, arrested a man and seized from him a large professional drone which had contraband destined for inmates inside the prison stored in its undercarriage and worth in the region of £40,000 at prison rates.

In the course of a lengthy investigation by the police and the prison authorities, a number of inmates in addition to the pilot of the drone were charged with a number of conspiracies to supply drugs and to bring contraband material into prison. The Prosecution case was based substantially on illicit telephone traffic and messages from contraband mobile phones used within the prison to those on the outside. All other Defendants were convicted.

Fraudsters conned Lincolnshire NHS trust and other public bodies out of over £12m Tue, 27 Jun 2017 14:28:47 +0000 Read more]]> Ten conspirators have been sentenced by Leicester Crown Court for their part in a fraud which targeted NHS hospitals, local authorities and a government. The fraud netted £12M and the proceeds were laundered around the world. The convictions came after proceedings at Leicester Crown Court ended in December 2016. Two further defendants had been acquitted in the case named Operation Tarlac. Tim Storrie and Daniel Thomas acted for a Dubai-based man who was acquitted at trial. For Sakhi’s Solicitors, Leicester. Read the full story here:

Leila Ghahhary Successfully Prosecutes Health and Safety Case on Behalf of Local Authority Thu, 15 Jun 2017 11:37:36 +0000 Read more]]> Following an investigation by Trafford Council, Leila Ghahhary (instructed by Trafford Council) has successfully prosecuted TGI Fridays restaurant which trades in the Great Hall at the Trafford Centre, for failing to meet health and safety standards.

The prosecution arose in relation an accident on 26th May 2014, when a kitchen chef, who had been working at the Trafford Centre restaurant for only a month, and another member of staff, were carrying a pan of hot oil. The pan slipped from their grip and the oil spilt on to the chef causing burns to his shin and foot.

The Court heard that the company had failed to ensure the safety of employees, because an unsafe practice had developed in the kitchen whereby, in the evenings and after the end of service, some of the kitchen staff were cleaning deep fat fryers and handling oil before it had time to cool down to a safe temperature. Consequently, it was not uncommon practice for staff in the kitchen to clean, filter and carry around hot oil.

The Court also heard that in the weeks before the accident, the Kitchen managers had become aware of the unsafe practice and had failed to take sufficient steps to remediate the problem and ensure that the Defendant’s policy on hot oil was being followed.

After pleading guilty, Thursdays (UK) Limited t/a TGI Fridays were fined £60,000 and ordered to pay £15,961 in costs.

Read more at:

View Leila’s full profile here.

Defendant receives 21-years imprisonment having been convicted after a ten-week trial of a combination of historic and recent sex offences on teenage girls Thu, 15 Jun 2017 08:20:50 +0000 Read more]]> Following a ten-week trial at Manchester Minshull Crown Court, Henry Blackshaw secured a 21-year sentence for former convicted drug dealer, Andrew Timblin, convicted of a combination of sex offences on two teenage girls.

The 60-year old was convicted of 13 offences against his victims, including rape, sexual assault, unlawful wounding and actual bodily harm.

Speaking after Timblin was found guilty of raping her, the youngest victim said in a statement: ‘It has been a horrific experience having to relive the depravity inflicted on me by Andrew Timblin. I’m just thankful he will be prevented from causing the same damage to anyone else’s life for whatever period he remains in prison.’

Henry Blackshaw commented ‘He is a sexually violent man, significantly older than both of them.’

Read more:

Gran who killed two pedestrians sentenced to four years’ imprisonment Wed, 14 Jun 2017 14:20:06 +0000 Read more]]> Richard Dawson defended a disabled grandmother who was sentenced to four years’ imprisonment after causing two deaths by her dangerous driving.

Teresa Sant, aged 58, veered across the road and mounted the pavement, where two colleagues, Victoria Hodge and Marie-Helene Gieblen, were standing after alighting a bus.  Sant, in addition to a five-year driving ban, was sentenced to four years’ imprisonment, and ordered to pay £4,200 in prosecution costs.

Richard commented ‘There is real remorse on her part. This was a case in which she accepted full responsibility for causing their deaths at an earlier stage’.

Read more:

View Richards full profile here.

Isobel Thomas, Junior Defence Counsel, secures acquittal in murder trial Mon, 05 Jun 2017 09:59:53 +0000 Read more]]> Isobel Thomas, instructed as junior counsel for the defence, successfully secures acquittal in murder trial. The defendant was charged with the brutal murder of her partner using an axe and a hammer. The prosecution alleged that this was a murder for gain as shortly before his death the deceased had received £45,000. The defendant admitted manslaughter but denied murder, relying on the partial defence of loss of control. Defendant acquitted following a 10 day trial. She was sentenced to 12 years’ imprisonment for manslaughter.