Lincoln House Chambers https://www.lincolnhousechambers.com Fri, 19 Oct 2018 08:46:50 +0000 en-US hourly 1 https://wordpress.org/?v=4.7.3 Rachel Cooper defends nationally publicised transgender case https://www.lincolnhousechambers.com/rachel-cooper-defends-nationally-publicised-transgender-case Fri, 19 Oct 2018 08:44:52 +0000 http://www.lincolnhousechambers.com/?p=4586 Read more]]> Miss Cooper was instructed in the well-publicised case of R v W, in which the defendant, a transgender woman, was convicted of multiple counts of sexual offences against women.

This was a developing case in which an on-going police investigation resulted in three new cases being laid against the defendant whilst the defendant was on remand due to assault allegations. Miss Cooper represented the defendant throughout the resulting allegations. These involved rape allegations against a recent partner; historic rape allegations; and allegations of sexual assaults against fellow prisoners. The latter resulted in the defendant being moved from a women’s prison into the male prison estate.

The case involved many vulnerable witnesses and ongoing disclosure issues. Miss Cooper worked closely with the prosecution to clarify the developing cases whilst robustly defending her client, and preserving the dignity and anonymity of the witnesses during court proceedings. The defendant also had significant vulnerabilities that needed to be handled with sensitivity and understanding. This resulted in the defendant entering guilty pleas to a reduced indictment that properly reflected the criminal acts that had occurred.

Miss Cooper has a particular interest in dealing with vulnerable and mentally disordered defendants, and often defends in cases of particular sensitivity.
The case attracted a lot of media attention throughout and required measured representations in court. At the end of the case Judge Batty publicly thanked Miss Cooper, and the prosecution, for their ‘sensitive handling of a difficult case’.

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Success for Ahmed Nadim in Court of Appeal on interesting “proof of knowledge” point. https://www.lincolnhousechambers.com/success-ahmed-nadim-court-appeal-interesting-proof-knowledge-point Mon, 15 Oct 2018 16:56:38 +0000 http://www.lincolnhousechambers.com/?p=4583 Read more]]> The Court of Appeal allowed an appeal mounted by Ahmed Nadim on behalf of his client in respect of an offence of fraudulent evasion of income tax and an offence of fraudulently obtaining payments of tax credit.

The Prosecution’s application for a retrial was also refused.

The Court of Appeal accepted Ahmed Nadim’s submissions that for a person to be guilty of these offences the Prosecution must prove ‘knowledge’ of false or erroneous representations, and, that the trial judge erred in directing the jury that a person may be convicted of these offences if he is shown to have been reckless or careless in the making of false or erroneous representations.

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Henry Blackshaw and Lee Hughes secure convictions in international crystal meth trafficking case https://www.lincolnhousechambers.com/henry-blackshaw-lee-hughes-secure-convictions-international-crystal-meth-trafficking-case Wed, 10 Oct 2018 10:53:26 +0000 http://www.lincolnhousechambers.com/?p=4580 Read more]]> Following a 3 week trial at Manchester Crown Court the defendants Majid Rasoolzadeh, Jan Pasulka, Dusan Staruch and Jan Stinic were all found guilty of conspiracy to supply class A drugs and another conspiracy to import a controlled drug. The case had global coverage as it involved the group smuggling high purity crystal meth from Iran to Turkey before flying it back to the UK on commercial flights before it was finally sent to Japan. Henry Blackshaw led the case for the prosecution with the assistance of Lee Hughes who acted as his junior.

For further information please see:

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/crystal-meth-holiday-photos-gang-15204589

https://www.dailymail.co.uk/news/article-6159069/Iranian-man-ran-global-crystal-meth-operation-Manchester-house.html

https://www.thesun.co.uk/news/uknews/7358141/drug-gang-who-ran-multi-million-pound-crystal-meth-ring-from-cheshire-home-caught-out-by-lavish-holiday-snaps/

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Sentences handed down in SFO prosecution led by Alistair Webster Q.C. https://www.lincolnhousechambers.com/sentences-handed-sfo-prosecution-led-alistair-webster-q-c Tue, 02 Oct 2018 14:08:32 +0000 http://www.lincolnhousechambers.com/?p=4575 Read more]]> At Liverpool Crown Court on 2 October 2018 sentences were handed down on 6 defendants who had all been convicted after a prosecution brought by the Serious Fraud Office, led by Alistair Webster Q.C.  Following a four and a half month trial, the men were convicted of conspiracy to commit fraud.  The convictions were the culmination of a 4 year investigation in which Alistair was engaged as lead counsel throughout.
Sentences totalled 30 years and 4 months, with directors’ disqualifications totalling 48 years also imposed.
Alistair comments: “ It is really good to have been involved from the very earliest stages of the operation, dating back to the applications for search warrants.  The lead conspirators were deeply devious and dishonest men who put up an elaborate defence designed to fool the jury. My team is left with a sense of satisfaction for a job well done.”

This case represents one of a long string of successes for Alistair in complicated cases involving SFO, FCA and HMRC.  His analytical and persuasive skills have been pointed out year in and year out by the leading guides.

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Lincoln House recognised for ‘innovative’ paperless practice in Counsel Magazine https://www.lincolnhousechambers.com/lincoln-house-recognised-innovative-paperless-practice-counsel-magazine Mon, 03 Sep 2018 14:55:13 +0000 http://www.lincolnhousechambers.com/?p=4559 Read more]]> Lincoln House Chambers was pleased to be referenced in the August edition of Counsel Magazine for their paperless practice, adopted back in 2012 with the office move from Brazennose Street to Tower 12, Spinningfields. Several years before DCS, LHC had provided practitioners not only with modern minimalist premises but also the technology and administrational requirements to allow for a move away from the traditional paper based working methods in favour of a digital practice.

The article, entitled ‘Get Set Go’, questions whether traditional chambers offices are now a thing of the past, highlighting why perhaps an increasing number of chambers, including LHC, are opting for more modern, less cluttered office space. Read the full article here: https://www.counselmagazine.co.uk/articles/get-set-go-0

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Success for Andrew Thomas QC & Andrew Nuttall in substantial SFO prosecution https://www.lincolnhousechambers.com/success-andrew-thomas-qc-andrew-nuttall-substantial-sfo-prosecution Fri, 31 Aug 2018 08:45:38 +0000 http://www.lincolnhousechambers.com/?p=4556 Read more]]> After a five-month trial, Andrew Thomas QC and Andrew Nuttall have been successful in the defence of a former company director prosecuted by the SFO for conspiracy to commit fraud. He was the only defendant to be acquitted. Six others were convicted and will be sentenced at a later date.

The prosecution related to an alleged fraud involving a company supplying and installing solar panels. The SFO’s case was that sales were secured by the fraudulent use of a ‘cashback’ marketing promotion promising to repay customers the full purchase price.

The client had been responsible for the installations side of the business. Although the ‘cashback’ promotion had failed, the evidence at trial showed that the customers had in fact received the solar panels which they ordered and almost without exception stood to make a profit from the payments for electricity which they fed back the grid. Allegations that the solar panels were sub-standard were abandoned mid-trial when the prosecution’s expert conceded that they were good quality.

The jury accepted the client’s case that he had not been involved in the marketing promotion other than to advise his co-defendants against becoming involved in the scheme. The client gave evidence over four days, but despite rigorous challenge the defence team were able to show that his case was supported both by the documentary evidence and by key witnesses.

The instructing solicitors were Rachel Adamson and Lucy Cohen of Slater & Gordon. The case involved over 100,000 pages of served exhibits and was conducted under the IFFO VHCCscheme.

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A mention for Ellen Shaw, Junior Counsel to the Independent Inquiry into Child Sex Abuse and member of the Roman Catholic investigation team, in latest published report https://www.lincolnhousechambers.com/mention-ellen-shaw-junior-counsel-independent-inquiry-child-sex-abuse-member-roman-catholic-investigation-team-latest-published-report Fri, 10 Aug 2018 14:45:22 +0000 http://www.lincolnhousechambers.com/?p=4549 Read more]]>

Ellen Shaw was instructed as Junior Counsel to the Inquiry in July 2017 and is one of four barristers on the Roman Catholic investigation team, led by Riel Karmy-Jones QC. The team undertook a vast amount of preparation for the 3-week hearing into the institutions of Ampleforth and Downside, during which Ellen assisted at the hearing during November-December 2017.

Ellen also co-drafted parts of the investigation report which made a number of findings, including that “both Ampleforth and Downside prioritised the monks and their own reputations over the protection of children”.

The report was published on 9th August and can be found via: https://www.iicsa.org.uk/key-documents/6583/view/Ampleforth%20and%20Downside%20Investigation%20Report%20August%202018.pdf

Ellen is currently assisting with preparation for the next Roman Catholic investigation hearings concerning the Archdiocese of Birmingham which will be heard in November and Ealing and St Benedict’s​ school in February 2019.

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Neil Usher successfully prosecutes Michael Marler in two-week murder trial https://www.lincolnhousechambers.com/neil-usher-successfully-prosecutes-michael-marler-two-week-murder-trial Thu, 09 Aug 2018 15:12:53 +0000 http://www.lincolnhousechambers.com/?p=4546 Read more]]> Neil Usher, instructed by Manchester CPS, successfully prosecuted Michael Marler for the offence of murder following a two-week trial at Manchester Crown Square.

Marler stabbed his girlfriend to death in a city centre apartment before jumping from the second floor of the apartment, landing on the car of a woman dropping off her husband and son. The defendant claimed he had no recollection of his actions and denied that he had the necessary intent for murder, due to the large amount of drugs he had consumed.

Earlier in the prosecution, Neil successfully persuaded the trial judge, HHJ Mansell QC, that the defence of diminished responsibility was not open to the defence, despite the defence psychiatrist giving an opinion that this defence was in fact open to the defendant.

Read more here: https://www.theguardian.com/uk-news/2018/aug/03/michael-marler-life-sentence-murdering-girlfriend-danielle-richardson-manchester

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Ellen Shaw, Matthew Howarth and Anna Chestnutt deliver Mock Trial for the Royal College of Nursing https://www.lincolnhousechambers.com/ellen-shaw-matthew-howarth-anna-chestnutt-deliver-mock-trial-royal-college-nursing Tue, 07 Aug 2018 10:08:54 +0000 http://www.lincolnhousechambers.com/?p=4538 Read more]]> On 19th July 2018, the Royal College of Nursing hosted a training event entitled, “The Truth, the whole Truth & nothing but the Truth” which aimed to demystify proceedings in the Nursing and Midwifery Council.

Ellen Shaw, Matthew Howarth and Anna Chestnutt presented a mock trial, based on a case where a nurse had been accused of sleeping on shift on various occasions. It was an interactive session, with breaks to explain the procedure to the audience. The presentation emulated the style, procedure and processes which can be seen at hearings in front of a Fitness to Practice Panel.

Ellen, Matthew and Anna have collective experience in a healthcare regulatory context, in both the General Medical Council and Nursing and Midwifery Council. To instruct these barristers, please contact the clerks on 0161 832 5701.

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Ged Doran Secures Acquittal in First Prosecution of a Far-Right Organisation Since World War II https://www.lincolnhousechambers.com/ged-doran-secures-acquittal-first-prosecution-far-right-organisation-since-world-war-ii Fri, 03 Aug 2018 10:10:18 +0000 http://www.lincolnhousechambers.com/?p=4536 Read more]]> Ged Doran, instructed by Eleanor Beckingham of DDE Law, represented a defendant charged with being a member of a proscribed organisation, National Action. During its peak, National Action bore membership of up to 100 young, white men from academic backgrounds who would regularly meet for demonstrations, dressed in skull masks, waving banners and imitating Nazi salutes.

Ged’s client was one of six defendants under investigation for allegedly belonging to the group and for involvement in the conspiracy to murder Labour MP Rosie Cooper and a female police officer. Following a six-week trial held at the Central Criminal Court before Justice Jay, Ged’s client was acquitted of all charges.

Contact a member of the clerking team on 0161 832 5701 to instruct Ged or click here to view Ged’s profile.

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