NEWS

Charles Salmon QC, Nigel Sangster QC and Sam Riggs are instructed in the first fraud of its kind to be tried in the UK, which is due to begin on 27 February. The defendants are alleged to have cheated the Revenue of £38 million of VAT through manipulation of the EU Emissions Trading Scheme (EUETS), which was established pursuant to the Kyoto protocol to regulate trade in carbon credits.

George Carter-Stephenson QC and Chris Daw have been instructed by Grosvenor Law on behalf of the England and Chelsea footballer, John Terry, in ongoing proceedings before Westminster Magistrates' Court, due for trial in July 2012

The Court of Appeal  [LCJ, Holman J, Openshaw J] has quashed a conviction for keeping a disorderly house after hearing submissions from Dermot Keating (representing the appellant Mrs Gu) concerning the correct interpretation and application of the common law in the light of the Sexual Offences Act 2003.

The occupiers outside St Paul's Cathedral were told today by the High Court that they must leave or risk being evicted by the Corporation of London. After a trial lasting 5 days in Court 25 of the Royal Courts of Justice, Occupy LSX, represented by John Cooper QC, were told by Mr Justice Lindblom that despite their powerful arguments, the law was against them. In a lengthy 168 paragraph judgment, the Judge stated "I wish to pay tribute to all who participated in the hearing for the courteous and helpful way in which they conducted themselves, and to thank counsel for the assistance they gave me." In analysing the case, the Judge went on to say that Occupy LSX had "made their point" but that over two months after the camp set up occupation the Article 10 and 11 ECHR rights of the protesters were outweighed by the extent and duration of the obstruction of the highway and the public nuisance inherent in the obstruction. The court was also persuaded by evidence provided by the church that rights of worship had been curtailed by the positioning of the occupation. This material was asserted by the Cathedral, despite them not being a party to the action. John Cooper QC commented "This trial was always going to be difficult for Occupy LSX and they entered into it with their eyes wide open. What became clear on the evidence during the 5 day hearing was the indelible impact that these people have had upon society both nationally and internationally and my clients feel that this trial has gone a long way to cementing their integrity." Mr Cooper will apply to the Court of Appeal for leave to Appeal immediately. He is instructed by Karen Todner of Kaim Todner, Solicitors. The judgment can be read in full by clicking here.

Ben Smitten and Chris Daw represented the defendant Ian Massey in what has become the longest trial into alleged police corruption in legal history, The case began  in July of this year but collapsed this week owing to the Prosecution no longer being able to satisfy the court of the "integrity" of the disclosure process. Following weeks of legal argument the Prosecution offered no further evidence against 8 police officers and 2 civilians charged with Conspiracy to Pervert the course of Justice and Perjury for their part in the investigation and alleged wrongful conviction of the Cardiff 3 in 1988 to 1990.

The defendant stood trial with three others at the Old Bailey on a charge of murder. The four men were said to have set up and carried out the shooting of Darcy Austin Bruce, a South London drug dealer, outside HMP Wandsworth at 2pm on 1st May 2009. Following an 8-week trial the jury convicted Rupert Ross and Leon de St Aubin, but could not reach verdicts on Smith and the fourth defendant Hines. On 10th November 2011 the Prosecution offered no evidence against Smith and Hines and verdicts of Not Guilty were entered. Ross and de St Aubin were both sentenced to life imprisonment with minimum terms of 30 years. Michael Gomulka was led by Courtenay Griffiths QC on behalf of Smith.

At the UK Diversity Legal Awards 2011, held last night at Linklaters,  25 Bedford Row won the award for "Retention: Talent Management" for their innovative approach to managing, developing, supporting and retaining a diversity of talented people within its organisation. The awards recognise those who haveexcelled in their commitment to equality & diversity.

For the 13^th year in succession, Chambers has been audited by BSI to ensure our continuing compliance with the BarMark quality standards. In the opening section of his report, the auditor remarked, “Chambers is very well run. A strong & effective management committee is supported by an experienced and highly competent clerking & administrative support team, and it is clear from documentary evidence examined and from conversations with a range of barristers and staff members that Chambers makes every effort to comply fully with all the requirements of the BARMARK standard in support of its core aim of providing an excellent service to its professional and lay clients”.

Geoff Payne writes in the October edition of “Legal Democrat” about the recent & proposed changes to Legal Aid. The full article can be read here

Former Pakistani Test Cricket captain Salman Butt, represented by Yasin Patel, has received 30 months imprisonment following his conviction for corruption in relation to spot-fixing. His co-defendants Mohammad Asif and Mohammad Amir received sentences of 12 and 6 months respectively.

Jeremy Dein QC emphasises the importance of the jury system following the quashing of convictions by the Court of Appeal on the basis that a juror had repeatedly texted her boyfriend during the trial.

Former Detective Sergeant Chris Drury, represented by Jeremy Dein QC,has been acquitted at the Old Bailey of serious allegations of police corruption. Days into an application to stay the pending retrial of Mr Drury, whose convictions were quashed in 2010, the prosecution offered no evidence, despite Mr Drury originally having been convicted on the strength of evidence from two major supergrasses.

Please click here to read the latest response from the Ministry of Justice

Paul Mendelle QC discusses the prosecutorial discretion of the CPS following three decisions not to prosecute householders who killed those that burgled their homes.
To listen click here (19.28mins onwards)

The defendant was an inmate at HMP Wandsworth on 1st May 2009 when a drug dealer named Darcy Austin-Bruce was shot 5 times outside the gaol as he was going in to visit a serving prisoner. Smith is alleged to have supplied the killers with the details of the visit. The four defendants are all charged with murder. Michael Gomulka is led by Courtenay Griffiths QC.

http://www.bbc.co.uk/news/uk-england-london-14826672

6 defendants jointly face 3 charges of murder. Ben Smitten is instructed to represent the first defendant, who is said to be the driver of the car that ran over Haroon Jahan, Shazad Ali and Abdul Musavir at approximately 1.15am on 10th Aug 2011.

Learco Chindamo, represented by Tyrone Smith, was alleged to have used his infamy as a badge of honour to rob £20 from a man at a cashpoint, having been released on licence  for the murder of headmaster Philip Lawrence in 1995.

Ronnie Jaffa and Daniel Chadwick, instructed by Phil Smith of Tuckers, mitigated on behalf of the brothers at Redbridge Magistrates' Court. Jack Tweed received a community order and Lewis Tweed was fined for assaulting a man outside Deuces nightclub in Chigwell, Essex.

Chambers describes the government's proposal to abolish payment for sentencing hearings as "a callous disregard for the proper administration of justice and the importance of a sentencing hearing".
The response was written by Paul Mendelle QC, Sebastian Gardiner, Nathaniel Rudolf and Daniel Chadwick. To read the full response, please click here.

This timely book condenses the present and most up-to-date law with the potential new legislation contained in the Coroners & Justice Act 2009.
The book will be launched at 25 Bedford Row on 7 September 2011 at 6pm. Click here for further details.
"a very valuable book on a topic which is not written about enough...The splendid thing about this book is that it can be relied on, as vouched for by the foreword written by Sir Igor Judge...in this little volume is a comprehensive and thoroughly recommended handbook on Coroners Courts" - Sally Ramage, Editor of The Criminal Lawyer- The full review appears in The Criminal Lawyer (Issue 204) and can be found on Westlaw.

Daniel Breger will be working alongside Diana Ellis QC, representing Ieng Thirith (Pol Pot's sister-in-law and Minister of Social Action for the Khmer Rouge), who faces charges including genocide and crimes against humanity.

Jeremy Dein QC could be heard on BBC Radio twice this week. On Monday he participated in a discussion on Radio 4's woman's hour concerning recent research commissioned by Bath University about the impact of the trial process on complainants and witnesses in rape trials. Then on Thursday, in the aftermath of the shootings in Norway, Jeremy  was interviewed on News Hour, regarding the difficulties in representing those who have been accused of committing atrocious and publicly reviled crimes. Go to the BBC website to listen to either programme.

http://www.bbc.co.uk/programmes/b012qq7s

Chambers is pleased to announce that Nathaniel Rudolf has been appointed by the Lord Chancellor, after consultation with the Lord Chief Justice, to the Criminal Procedure Rules Committee as one of the two barrister members. This appointment will run from 1 September 2011 to 31 August 2015.

Rudi Fortson QC and Colin Wells (instructed by Nick Inge of Tuckers) represented the main defendant Ron Meddes, in what the Department for Environment, Food and Rural Affairs (DEFRA), the prosecution authority, described as the largest worldwide prosecution of the illegal supply of veterinary medicines. The indictment contained over 100 counts against 8 defendants, in relation to veterinary medicinal products (to the value of £5.6 million).

Following guilty pleas to 19 counts and a four day Newton hearing (in which veterinary surgeon expert witnesses were called, and cross-examined upon the risks such unauthorised sales created to the human food chain, animal welfare and the environment) HHJ Ainley, at Croydon Crown Court on 7th July 2011, sentenced Ronald Meddes to a total of 28 months imprisonment.

Kim Hollis QC, instructed by Clifford Chance LLP, is leading counsel for the Chagos Islanders.

Between 1967-1973 the natural inhabitants of the islands were forcibly removed as part of a systematic and methodical plan to accommodate the US Military Base at Diego Garcia. Having lived on the islands for generations they were forcibly transported by ship, first to the Seychelles, where they were temporarily housed in a prison block, before being abandoned on the docks in Mauritius, where they live to this day in poverty. Having won a landmark High Court judgment in 2000 which allowed for their eventual return to the islands, the Foreign Secretary at the time stated that the government would not appeal. However in 2004 Orders in Council reversed that decision and their right to return. After a number of successful legal actions in the High Court they await a decision in Strasbourg. They are now seeking to pursue a case at the ICC.

Ben Smitten, along with Chris Daw (an associate tenant at 25 Bedford Row), currently defend in the high profile ten-handed trial surrounding the 1988 Valentine's day murder of Lynette White which resulted in the conviction of the "Cardiff 3" (Paris, Miller and Abdullah).

Allegations of Perverting the Course of Justice and Perjury are made against 8 former/serving police officers (up to the rank of Superintendent) and 2 civilians relating to the original investigation over 22 years ago.

The IPCC believes this is the largest trial of police officers in British legal history. The trial continues.

In March last year Christopher Taylor, represented by John Cooper QC, was convicted of the murder of 3 year old Ryan Lovell-Hancox. In a report published last week, there was robust criticism  of the police, the probation service and social services. The report found that the failure to share vital information had meant that Ryan had remained in the care of Taylor who, along with another defendant, had tortured and then killed the young child

In the wake of criticism of the cross-examination of Milly Dowler's parents during the trial of Levi Bellfield, Paul Mendelle QC explains the duty of defence counsel to put their client's case "forcefully and fairly".

Samantha Riggs will be speaking about 'The General Offences of Paying and Receiving Bribes', covering:

• Ingredients of offence
• How has the law changed – for better, for worse?
• Jurisdiction
• Offences under section 1, 2 and 6 of the Act by Bodies Corporate etc
• Expectation test, local customs and practice
• Defences
• Practical examples
• Facilitation payments

For more information about the conference please go to: http://www.sweetandmaxwell.co.uk/bribery-act-conference-2011/experts.html
Chambers are able to offer a significant discount for clients who book through us - please contact Emma
emakepeace@25bedfordrow.com

Salman Butt, represented by Yasin Patel, will be tried together with Mohammad Amir, Mohammad Asif and Mazhar Majeed at Southwark Crown Court before Mr Justice Saunders. Butt is charged with cheating and conspiracy to accept corrupt payments. The cricketers are alleged to have bowled deliberate no balls during Pakistan's Test series at Lord's last summer.

The Mosley case, the rise of 'super-injunctions' and the role of social media are just some of the ways in which the evolution of a law on privacy has provoked public debate in recent weeks.  

This timely panel discussion, hosted by 25 Bedford Row and Weber Shandwick, will provide up-to-date and expert guidance upon this fast changing area of law. It will cover the constraints placed upon those who wish to publish or distribute information about others both through the civil and the criminal courts and provide practical advice to those who wish to disseminate material or prevent publication.
Areas the seminar will cover include:

• The role of social media
• Freedom of expression
• Privacy, privilege and disclosure
• Contempt of Court
• Data protection and the Regulation of Investigatory Powers Act 2000
• Reputation management
• The impact on journalism and reporting

Guest speakers include:
• Graham Atkins (Partner, Atkins Thomson)
• John Cooper QC (Barrister, 25 Bedford Row)
• Jo Glanville (Editor, Index on Censorship)
• Joshua Rozenberg (Journalist and Legal Commentator)

Chair: Jon McLeod (UK Chairman Corporate & Public Affairs, Weber Shandwick)

This seminar will be of interest to practitioners, journalists, campaigning organisations, corporate bodies and individuals. 
Venue: The Bingham Room, Gray's Inn, London WC1R 5ET
Breakfast will be served at 8.00am for an 8.15am start. Proceedings will close at 9.30am.

For further information and to confirm your attendance at this free event, please contact Jo Caldwell on + 44 (0) 20 7067 0336 or jcaldwell@webershandwick.com  

Former Detective Sergeant Christopher Drury, now represented by Jeremy Dein QC, was convicted in 2000 of selling drugs stolen in police raids. His conviction was recently quashed owing to significant prosecution non-disclosure. The retrial will be before Mr Justice Bean in October 2011.

Rodney Morrison, represented by Jeremy Dein QC, is alleged to have shot two people over a drugs-related grudge. The trial is due to start in November 2011

Presented by Harry Potter, this new series will examine how the English Legal System has contributed to the world. Filming will begin later this year.

We are delighted to announce that Natalie Sherborn and Robert Shaw have accepted invitations to join chambers. Natalie Sherborn (formerly of Furnival Chambers) further strengthens chambers' expertise in serious crime and fraud, regulation and compliance, health & safety law and inquests. Robert Shaw joins us as a tenant following successful completion of his pupillage. 

Rudi Fortson QC will speak at 'Act Now London 2011 - Understanding and Responding to the Bribery Act' on Tuesday 24th May 2011.
The Bribery Act 2010 represents the most significant change in the UK government's approach to tackling business bribery and corruption for over 100 years. Rudi Fortson QC will address the significant problems of interpretation posed by the Act, discuss how these issues might be resolved and consider the role of prosecutorial discretion.  For further information and to book please go to: http://www.actnowlondon.co.uk  -  if you mention 25 Bedford Row when booking you will be entitled to a 20% discount. Chambers will be both hosting and providing expertise at a number of Bribery Act events, if you would like to register your interest please email briberyact@25bedfordrow.com .