Lincoln House Chambers http://lincolnhousechambers.com Fri, 17 Mar 2017 17:36:23 +0000 en-US hourly 1 https://wordpress.org/?v=4.7.3 Kate Blackwell QC successfully responded on behalf of the Prosecution to Adam Johnson’s appeal http://lincolnhousechambers.com/kate-blackwell-adam-johnson-appeal Thu, 16 Mar 2017 10:25:02 +0000 http://www.lincolnhousechambers.com/?p=3798 Read more]]> Kate Blackwell QC and Dan Thomas successfully responded on behalf of the Prosecution to Adam Johnson’s application for leave to appeal his conviction and sentence. The Court of Appeal heard argument from both sides two weeks ago and reserved judgement. This morning the judgement was passed down in which Lady Justice Rafferty confirmed that there were no grounds of appeal for arguing that the conviction was unsafe. The Court found that the total sentence of 6 years was appropriate.

Read more: http://www.bbc.co.uk/news/uk-england-39289132

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Simon Gurney and Austin Welch present seminar to the Medical Protection Society http://lincolnhousechambers.com/simon-gurney-austin-welch-present-seminar-medical-protection-society Mon, 13 Mar 2017 16:52:40 +0000 http://www.lincolnhousechambers.com/?p=3793 Read more]]> In February, Simon Gurney and Austin Welch presented a seminar to solicitors and medico-legal advisors at the head office of the Medical Protection Society in London. The seminar was also broadcast to the MPS’s offices in Leeds and Glasgow.

The seminar focused on recent significant developments in case law in the field of healthcare regulation and applications to stay proceedings as an abuse of process on the grounds of delay.

Simon considered the recent cases of Habib Khan v GPhC in the Supreme Court, GMC v Adeogba (in which Simon appeared for Dr Adeogba in the Court of Appeal; R (Darren Williams) v Police Appeals Tribunal; and recent case law on extensions of time and the appropriate test for dishonesty.

Austin considered the principles underlying the doctrine of abuse of process and the interplay with Article 6 ECHR, with a particular focus on cases involving delay.

Simon and Austin are both members of the Professional Discipline team in Chambers and regularly appear on behalf of professionals accused of misconduct by their regulators. For advice or information please contact David Wright in Chambers.

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Simon Gurney secures termination of GMC investigation at the Rule 7 stage http://lincolnhousechambers.com/simon-gurney-secures-termination-gmc-investigation-rule-7-stage Mon, 13 Mar 2017 11:33:42 +0000 http://www.lincolnhousechambers.com/?p=3791 Read more]]> Dr R, a senior house officer specialising in urology, found himself under investigation by the GMC in relation to applications he had submitted for employment in the health sector. He was accused of completing job applications dishonestly by failing to disclose on the application forms his fitness to practise history. Dr R had previously been investigated by the GMC and had undertakings imposed on his licence to practise, but he ticked boxes on the forms which said he had no such history.

Dr R was summoned before an Interim Orders Tribunal. At that stage he sought advice and assistance from Simon Gurney, a barrister experienced in healthcare regulation and with a strong track record in avoiding the imposition of interim orders.

Simon successfully persuaded the Tribunal not to make any order, meaning that Dr R was free to continue in practise whilst the GMC completed its investigation.

Dr R then sought Simon’s assistance in responding to the GMC’s investigation, having received the Rule 7 bundle, which includes a formal request for a Doctor’s response to the allegations against them.

Simon assisted Dr R to prepare a comprehensive statement in response. Although Dr R accepted that his conduct had been misleading, he denied acting dishonestly. The response drafted by Simon sought to persuade the GMC’s Case Examiners that Dr R had not been dishonest and, importantly, that there was no realistic prospect of establishing that his fitness to practise was impaired.

The GMC recently wrote to Dr R confirming that the Case Examiners had decided, in the light of the representations, to close the investigation with only a few words of advice.

Simon Gurney specialises in healthcare regulation, representing professionals at all stages of the fitness to practise process, whether at the earliest stages of an investigation, during the fitness to practise hearing itself or in appeal proceedings. Should you required advice or representation please contact David Wright, the Senior Clerk in Chambers.

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Henry Blackshaw secures reduced sentence for son of Happy Monday’s ex-tour manager http://lincolnhousechambers.com/reduced-sentence-son-happy-mondays-ex-tour-manager Mon, 13 Mar 2017 10:45:33 +0000 http://www.lincolnhousechambers.com/?p=3786 Read more]]> On the 8th March, 2017, Henry Blackshaw secured a reduced sentence for Joel Murray, the son of the Happy Mondays’ ex-tour manager, who was sentenced to seven-years imprisonment for drug trafficking offences, in October, 2016.

The client was arrested in August 2014, aged just seventeen, around the same time that his father, Anthony Murray, commenced a three-year prison sentence also for drug trafficking offences.

On 7th March, 2017, the Sentencing Council released new guidelines for the approach to be taken when sentencing children and young offenders. Part of the revision of the previous guidelines is greater emphasis on looking at factors in the offender’s family background which can reduce their culpability. Henry Blackshaw was able to rely on that aspect of them the following day at the Court of Appeal in successfully arguing that his client’s offending had been directly influenced by such circumstances.

Allowing the appeal, Lord Justice Treacy, sitting with Mr Justice Gilbart and Judge Richard Griffith-Jones said: “The overall term of seven years imposed below was, in our judgment, too long. In the circumstances described, and bearing in mind all the factors, we think that a reduction to a term of five years is the appropriate sentence.”

Read more here: http://www.manchestereveningnews.co.uk/news/greater-manchester-news/joel-murray-drugs-sentence-cut-12715577

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Kevin Donnelly and Stephensons Solicitors defend Liverpool care home owners in one of the first CQC criminal prosecutions. http://lincolnhousechambers.com/kevin-donnelly-stephensons-solicitors-defend-liverpool-care-home-owners-one-first-cqc-criminal-prosecutions Fri, 10 Mar 2017 13:16:57 +0000 http://www.lincolnhousechambers.com/?p=3783 Read more]]> In only the third case of its kind to be brought before English criminal courts, Kevin Donnelly, instructed by Priscilla Addo – Quaye of Stephensons Solicitors, on 6th March 2017, defended businessmen brothers Amjad and Amer Latif. Both pleaded guilty at Liverpool Magistrates Court to charges brought by the CQC in connection with their running of a dangerously sub-standard care home for the elderly, Mossley Manor.

Following the imposition of an £82,000 fine, Kevin commented:
“Since 2015, the Care Quality Commission has adopted new powers, not just to inspect and regulate in the care sector, but to prosecute. We are now seeing the first cases reaching the courts and there are lessons to be learned by operators and managers. The CQC is determined to maintain its tight inspection regime and use its new powers to expose and remove bad practice. Combined with the new guidelines that have seen a dramatic increase in the level of fines being imposed, this provides real food for thought for all those working in this sector.”

Read more:
http://www.bbc.co.uk/news/uk-england-merseyside-39172898

http://www.liverpoolecho.co.uk/news/liverpool-news/brothers-who-ran-filthy-care-12701255

https://www.theguardian.com/uk-news/2017/mar/06/mossley-manor-liverpool-care-home-latif-brothers-fined

Download Kevin’s CV, Here.
Link to Stephensons Solicitors web site here.

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Neil Usher and Charlotte Holland secure five more convictions in another Rochdale historic sex grooming trial http://lincolnhousechambers.com/neil-usher-charlotte-holland-secure-five-convictions-another-rochdale-historic-sex-grooming-trial Thu, 09 Mar 2017 16:50:39 +0000 http://www.lincolnhousechambers.com/?p=3780 Read more]]> Neil Usher and Charlotte Holland secure five more convictions in another Rochdale historic sex grooming trial.

The final part of one of CPS North West’s biggest prosecutions – Operation Doublet – has now ended with five more defendants being convicted at Minshull Street Crown court following a trial that lasted for three months. Two more defendants will face a retrial later this year. The previous two trials resulted in 10 other defendants being successfully prosecuted in two separate trials, each lasting over two months.

Ashafaq Yousaf was sentenced to 19 years’ imprisonment for four separate offences of rape. Mohammed Miah was sentenced to an extended sentence of 16 years for one offence of rape. Mohammed Sadeer was sentenced to 16 years for offence of attempted rape and kidnapping. Joshim Miah received 7 years, also for an offence of rape. Ittefaq Yousaf was sentenced to 20 months’ imprisonment for offences of incitement and sexual assault.

The sentences mark the end of the latest stage of an ongoing investigation into sexual exploitation of children in the Rochdale area, an investigation that commenced with the 2012 grooming trial “Operation Span,” held in Liverpool, in which Neil was also instructed.

Neil and Charlotte were instructed by Alison Cartmell at the CPS North West Complex Crime Unit.

Read more: http://www.itv.com/news/granada/update/2017-02-18/rochdale-gang-jailed-for-55-years-for-abusing-three-girls/

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Kevin Donnelly defends Liverpool care home owners in one of the first CQC criminal prosecutions http://lincolnhousechambers.com/kevin-donnelly-defends-liverpool-care-home-owners-one-first-cqc-criminal-prosecutions Wed, 08 Mar 2017 11:28:14 +0000 http://www.lincolnhousechambers.com/?p=3769 Read more]]> In only the third case of its kind to be brought before English criminal courts, Kevin Donnelly, instructed by Laura Hannah of Stephensons Solicitors, on 6th March 2017, defended millionaire businessmen brothers Amjad and Amer Latif. Both pleaded guilty at Liverpool Magistrates Court to charges brought by the CQC in connection with their running of a dangerously sub-standard care home for the elderly, Mossley Manor.

Following the imposition of an £82,000 fine, Kevin commented:
“Since 2015, the Care Quality Commission has adopted new powers, not just to inspect and regulate in the care sector, but to prosecute. We are now seeing the first cases reaching the courts and there are lessons to be learned by operators and managers. The CQC is determined to maintain its tight inspection regime and use its new powers to expose and remove bad practice. Combined with the new guidelines that have seen a dramatic increase in the level of fines being imposed, this provides real food for thought for all those working in this sector.”

Read more:
http://www.bbc.co.uk/news/uk-england-merseyside-39172898

http://www.liverpoolecho.co.uk/news/liverpool-news/brothers-who-ran-filthy-care-12701255

https://www.theguardian.com/uk-news/2017/mar/06/mossley-manor-liverpool-care-home-latif-brothers-fined

Download Kevin’s CV, here.

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Kate Blackwell QC – Barrister of the Year http://lincolnhousechambers.com/kate-blackwell-qc-barrister-year Fri, 03 Mar 2017 14:04:31 +0000 http://www.lincolnhousechambers.com/?p=3759 Read more]]> Chambers are delighted to announce Kate Blackwell QC’s success in winning the Barrister of the Year award at The Manchester Legal Awards. This award comes after a fantastic year for Kate which included recognition in the leading legal publications. The Legal 500 ranked Kate in “Tier 1” and commented ‘Possibly the best crime silk on circuit; she has exceptional judgement and is an outstanding trial advocate.’ Chambers and Partners UK commented “She does high-profile work. She’s very hard-working and committed to her clients.”
Upon receiving the award, Kate commented “I am really pleased for myself, for Chambers and especially for women in our sector. I was delighted to see that the shortlist were all women and it is a step in the right direction. I think that women can give so much to the profession; they have a sense of empathy that really shines thorough, especially in sensitive cases”.

Director of Clerking David Wright commented “It is fantastic to see Kate’s hard work and dedication to her clients, and the profession, being recognised with such an award. She is a brilliant barrister who gets great results with every case that she takes on.”

katherineblackwellqc

View Kate’s full profile and contact details here.

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A further response from Lincoln House Chambers to the AGFS Consultation http://lincolnhousechambers.com/response-lincoln-house-chambers-agfs-consultation Mon, 27 Feb 2017 13:48:48 +0000 http://www.lincolnhousechambers.com/?p=3745 Read more]]> “Where is the evidence?”

Lincoln House Chambers have already published its response to the Ministry of Justice’s AGFS Consultation. We do not oppose many of the broad principles behind the reforms. However, we are deeply concerned that the suggested figures will result in unintended and damaging cuts in overall fee payments for defence legal aid work.

We have performed our own study on a random sample of 129 real cases. There were no broad-brush assumptions. There was no cherry-picking of cases. We looked at the details of each case to calculate the fee which would be paid under the new scheme. The calculation based on our sample was a fee cut of almost exactly 20%.

Other sets of chambers have now performed similar exercises, including some which involve even larger samples. Every study which we have seen has shown a cut, with figures ranging from 6% to 24%. We are not aware of any set of chambers which has looked at real case data and found an overall increase.

The Bar Council have assured us that the new scheme should result in no overall change to fee levels. They have had the benefit of the expert assistance of Professor Martin Chalkley, who has had access to historic fee data held by the LAA. He is able to analyse the supposed effect of the fee changes by processing it through an algorithmic ‘model’ produced by the MoJ.

Professor Chalkley has looked at our own data, applying the MoJ model. He calculates that for Lincoln House Chambers the reforms would result in a cut of 3.8%: a cut, but not as bad a cut as our sample had shown. But how do we know that the MoJ’s assumptions are correct?

With four days left before the end of the consultation period, the details of this MoJ model have not been disclosed. The bar have no means whatsoever of testing the accuracy of the model or the validity of the assumptions which have been made. This consultation should be an exercise in scrutinising the evidence, but it has not been disclosed.

It is rightly said that the sample exercises performed by Lincoln House Chambers and others are limited in their scope. We cannot predict the effect across the criminal bar as a whole. But why is it that all studies which have looked at actual case data have shown the same thing? Why are we all losers?

We remain deeply concerned. We support the calls which have been made to the Criminal Bar Association and others to extend the consultation period so that the figures can be scrutinised properly.

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Richard Dawson secures suspended sentence for dangerous drink-driver http://lincolnhousechambers.com/richard-dawson-secures-suspended-sentence Thu, 23 Feb 2017 10:37:09 +0000 http://www.lincolnhousechambers.com/?p=3739 Read more]]> Richard Dawson, instructed by Forbes Solicitors, Preston, secured a suspended sentence of imprisonment for a woman who drink-drove on the opposite side of the motorway.

The accused mother-of-four, Emma Graham, was facing a substantial immediate sentence of imprisonment for a very serious offence of “dangerous driving” and linked “drink driving”.

While under the influence of alcohol, Graham drove onto the M6 motorway in the wrong direction, and proceeded to drive 12.6 miles down the motorway, in the fast lane, against oncoming traffic, before eventually being stopped by a Police car travelling alongside of her on the correct side of the motorway.

She narrowly avoided what would otherwise have been an immediate prison sentence as a result of mitigation expertly advanced on her behalf by Richard Dawson.

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