Lincoln House Chambers Mon, 19 Jun 2017 08:32:39 +0000 en-US hourly 1 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.

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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.’

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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’.

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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.

Neil Usher & Dan Thomas successfully prosecute groundbreaking Modern Slavery case – sentences totalling 32 years imposed Wed, 31 May 2017 09:12:31 +0000 Read more]]> Four men have been convicted and sentenced to a total of 32 years for their involvement in a people trafficking ring which abused and exploited Polish workers as modern slaves.

In some of the most severe sentences imposed under the new legislation, Sebastian Mandzik received a sentence of 12 years, Robert Majewski 8 years, Pawel Majewski 7 years and Seweryn Szmyt 5 years.

The Defendants were involved in a large scale operation, which transported vulnerable people to the North East of England from Poland on the promise of well-paid work. The victims were housed in cramped conditions and forced into minimum wage jobs, with their salaries paid into bank accounts controlled by the criminal gang. Any resistance was met with violence and intimidation.

In the first case of its kind brought in the North East, the Defendants were found guilty, after a 7-week trial at Newcastle Crown Court, of offences including conspiring to transport people for exploitation, conspiring to force people into labour and conspiring to conceal criminal property in excess of £1 million.

Neil Usher and Dan Thomas were instructed by Jim Hope, Acting Head of the Complex Case Unit Newcastle.

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Austin Welch represents two waste management companies in health and safety prosecution Fri, 26 May 2017 09:34:42 +0000 Read more]]> Austin Welch represented Docklands Waste Recycling Limited (“RWR”)  and Regional Waste Recycling Limited (“RWR”) at the Crown Court at Southwark  in two cases brought by the HSE for breaches of the Work at Height Regulations 2005. The prosecution related to two separate incidents on different dates at different waste transfer and treatment sites in 2014. The prosecution had asserted that both cases involved “category 1 harm” and attracted high or medium/high culpability. Whilst accepting the prosecution position in respect of RWR, Her Honour Judge Korner QC accepted the defence submission that in respect of DWR, the larger of the two companies, the culpability was low and the harm risked fell into category 4. HHJ Korner also accepted the defence submissions that the assets and means of the companies’ ultimate parent should not be taken into account. A sentence of a £133,000 fine was passed in respect of RWR and a  £6,000 fine was imposed on DWR.


Austin Welch is regularly instructed to represent companies and individuals in health and safety and environmental prosecutions. Should you require advice or representation, please contact Senior Clerk of Chambers, David Wright.

Chambers is delighted to announce the door tenancy of John Harrison QC Thu, 25 May 2017 13:54:07 +0000 Read more]]> Lincoln House Chambers is delighted to welcome the tenancy of John Harrison QC. John joins chambers as an associate tenant whilst retaining tenancy at St Paul’s Chambers.

John was called to the bar in 1994 and appointed Queens Counsel in 2016. John is both a regulatory law and criminal law specialist known for his capability to handle complex cases with a clear, pragmatic approach.

View John’s full profile here. All enquiries in relation to John’s work and availability should be made to the Director of Clerking, David Wright.

Drugs Gang Imprisoned for Total of 37 Years Wed, 17 May 2017 10:38:13 +0000 Read more]]> A professional drug dealer who ran a professional drugs gang, supplying locations in Hampshire with class A drugs, has been jailed with his accomplices for a total of 37 years. Anthony Busutill, of Grange Park Road, Manchester trafficked cocaine and heroin from Manchester to Portsmouth and Havant before his gang sent out hundreds of ‘advertising messages’ to users. Tim Storrie acted for co-defendant, Charles Busutill, for Matt Corn, Olliers Solicitors, Manchester. Read the full story.

Suspended Sentence imposed in £1.5 million counterfeit toys trial – Dan Thomas & Marianne Alton defend Fri, 28 Apr 2017 09:34:30 +0000 Read more]]> Dan Thomas leading Marianne Alton obtained a Suspended Sentence after Blackpool Trading Standards secured convictions against their client, a Managing Director, for importing over 270,000 counterfeit toys worth over £1.5 million into the UK.

In passing what was recognised by the trial judge as an exceptional sentence in light of the Court of Appeal authorities, the trial judge made particular reference to evidence elicited during the cross-examination of the lead investigator regarding the client’s attitude and approach to the investigation.

In a case described by Trading Standards as one of the largest prosecutions of its kind nationally, Dan and Marianne were instructed by Jeremy Pinson, a specialist business crime consultant at Olliers Solicitors and David Phillips & Partners, due to their experience in civil Trade Marks matters.

Double Appeal Success for new tenant Lara McCaffrey Wed, 26 Apr 2017 13:31:36 +0000 Read more]]> Our newest tenant, Lara McCaffrey, was successful in two conviction appeals in one day at Manchester Crown Court, on Friday 21st April. The first appeal against conviction related to an offence under Section 4 Public Order Act, the second was based on racially aggravated public order offences and was successfully argued without the client being in attendance. Please see below for more details.

R v JC

It was alleged that the accused had committed an offence under Section 4 Public Order Act by way of kicking the complainant’s front door whilst she was inside of the property, shouting threats to commit violence against her and her partner.

The appellant had been committed for sentence by the magistrates’ court and was, almost inevitably, facing custody by virtue of the fact that the conviction put him in breach of a Crown Court suspended sentence order and he had a record of similar offending.

The defence case was that the complainant had fabricated the allegation out of malice after the appellant had spurned her sexual advances, and was cross-examined on this basis. The log of her initial call to the police was used to expose inconsistencies in her account which undermined her credibility.

The appellant was subsequently acquitted after trial. The Crown applied for a restraining order upon acquittal. Lara resisted the application, arguing that the requirements of Section 5A Protection from Harassment Act 1997 were not satisfied; the bench agreed with the submission and the Crown’s application was refused.

R v LD

The client was appealing her convictions for offences of racially aggravated and basic public order after it was alleged that she had been racially abusive to a taxi driver after colliding with his vehicle whilst under the influence of alcohol.

As the complainant did not attend court, The Crown applied to adjourn the trial and to issue a summons in order to secure his attendance on the next occasion.

Lara successfully resisted the application for an adjournment, citing the principles set out in the case of ‘Picton.’ The Crown was forced to proceed to trial and offered no evidence accordingly. Both charges were subsequently dismissed.

To view Lara’s full profile and CV, please click here.