Pete Weatherby on Assisted Suicide
Garden Court North Chambers barrister Pete Weatherby was interviewed for BBC Radio Manchester this morning and also for ChannelM this afternoon on the human rights issues surrounding assisted suicide in response to the guidelines announced today.
Bryony Poynor to run London Marathon
GCN's Bryony Poynor is currently in training to run this year's London Marathon on 24th April.
IPP sentence quashed
R v Sutherland
Mr S was convicted and sentenced at Lincoln Crown Court in October 2006 in respect of sexual offences . He was sentenced to a 9 month tariff under Section 225 of the Criminal Justice Act 2003 .
On 5 February 2010 the Court agreed and substituted an 18 month determinate sentance .
> Judgment to be added when released
Brigid Baillie joins chambers
Garden Court North Chambers are pleased to welcome Brigid Baillie.
Proposed government cuts to criminal legal aid risk an increase in miscarriages of justice
Barristers in GCN's crime team yesterday sent a letter to the Ministry of Justice and the LSC pointing out the disastrous impact which the proposed further cuts in criminal defence fees are likely to have on the availability of lawyers prepared to take on criminal cases and gives the lie to the government's refrain that it is motivated by ensuring value for money for taxpayers.
Matthew Stanbury challenges the agreement between NOMS and the UK Board Agency to segregate foreign nationals in designated prisons
This months Inside Time (January 2010) includes an article written by GCN’s Matthew Stanbury , and Emma Burkinshaw of Grayson Willis Bennett, that challenges the agreement between NOMS and the UK Board Agency to segregate foreign nationals in designated prisons.
Third party support and/or joint sponsorship are permissible for entry clearance applications under Rules 281, 297 and 317
In a unanimous and resounding victory for the Appellants, the Supreme Court has today given judgment in the case of Ahmed Mahed & others (Appellants) v SSHD [2009] UKSC 16.
Public Inquiry into the 1998 death of Sonny Lodge in HMP Manchester delivers hard-hitting final report criticising Prison Service and officers
Mr Lodge would probably not have taken his life if proper care had been afforded to him. Prison officers involved in his case had serious disciplinary findings against them for assault and misfeasance in public office.
Appeal against 2004 convictions allowed on referral from the Criminal Cases Review Commission
R v France CCA 15/12/09
On a referral from the Criminal Cases Review Commission, the Court of Appeal allowed an appeal against convictions on six counts of rape and indecent assaults following the appellant’s trial in 2004.
Manchester City Council –v- Pinnock - Permission to appeal granted
Permission to appeal has been granted by the Supreme Court on 9th December 2009 by a panel consisting of Lord Rodger, Lady Hale and Lord Brown for Mr Pinnock to appeal to the Supreme Court against the decision of the Court of Appeal dated 31st July 2009 to dismiss his appeal from HHJ Holman who made an order for possession against him on 22nd December 2008.
Prison Law - Challenging Deportation
In this months' Inside Time (December 2009), GCN's Sarah Daley and Paragon Law 's Steve Bravery look how deportation decisions made on prisoners can be challenged.
Prison JR: SSJ acted unlawfully in respect of the transfer of IPP prisoners to open conditions
In this judicial review, the Administrative Court (HHJ Stewart QC) found that the Secretary of State for Justice had acted unlawfully by failing to consider the transfer of IPP prisoners to open conditions outside of a parole review i.e. without a Parole Board review and recommendation. The Court granted a declaration to that effect, and ordered that the Defendant decide whether the Claimant’s circumstances are sufficiently compelling or exceptional, such that he can be transferred to open conditions without a Parole Board recommendation.
Chambers & Partners 2010 recommendations for civil liberties, public law, crime, immigration and social housing
The newly published Chambers & Partners 2010 directory hails "Garden Court North is widely accepted as the strongest public law set in the North of England" with recommendations accross five of Chamber's practice areas.
Judge's decision in child rape case - Mark George QC talks to BBC Radio Manchester
GCN's Mark George QC was interviewed for BBC Radio Manchester this morning on the issues surrounding judge’s decisions when sentencing young people with reference to the sentencing yesterday of a repeat child rapist at Minshull Street Crown Court.
James Stark to speak at The Housing Law Conference in London
James Stark will speak at HLPA (Housing Law Practitioners Association) Conference 2009 which takes place in London on 15th December 2009.
Three new members join chambers
Garden Court North Chambers are pleased to welcome three new tenants.
Can best value tending work in criminal legal aid?
In an article for LAG magazine (October 2009) GCN's Sarah Daley argues that best value tendering (BVT) will not work in criminal legal aid because the nature of the service is completely unsuited to it. The article compares and contrasts the nature of the service with primary health care, where BVT has been in operation since April 2004.
‘Letter from America’ - Kate Stone’s Pegasus scholarship in Washington
Kate Stone is currently undertaking a Pegasus scholarship in Washington (one of 12 scholarships granted annually). The Pegasus scholarship scheme makes it possible for gifted young lawyers to learn about the practical working of the common law system in countries other than their own, and to form enduring links with lawyers in those counties.
During her time in Washington Kate is keeping in touch and sharing her experience with her ‘Letters from America’. Read below to find out how Kate is getting on.
UK Supreme Court Opens
The Supreme Court based in Parliament Square, London opened its doors today and will replace the House of Lords as the highest court in the UK. The Supreme Court will hear UK public law appeals and will be the final court of appeal for civil and criminal cases across England, Wales and Northern Ireland.
Legal 500 recommends
The 2009 edition of the Legal 500 was published today with Garden Court North recommended as a Northern Circuit Leading Set with a "reputation for criminal defence and civil rights work".
Assisted Suicide Guidelines – Pete Weatherby talks to BBC Radio Manchester
Garden Court North Chambers barrister Pete Weatherby was interviewed for BBC Radio Manchester this morning on the human rights issues surrounding assisted suicide in response to the new guidelines that are due to be published by the Director of Public Prosecutions later today.
Judges given "essential" guidance on ordering of consecutive sentences (for future HDC purposes)
In a judgment given last week, the Court of Appeal indicated that sentencing judges must be careful as to the order in which consecutive sentences are passed because of the effect on ‘Home Detention Curfew’ (HDC).
High Court rules that Cat A prisoners should be given reasons for ERC decisions
In a judgment handed down on 14th August HHJ Pelling Q.C., sitting as a judge of the High Court, ruled that Category A prisoners who are designated as either “high” or “exceptional” escape risk are entitled to be given sufficient reasons for the decision to maintain that status so as to enable them to decided whether to challenge that decision.
Michael Shields released
Jailed Liverpool football fan Michael Sheilds has today (9.9.09) been released with a royal pardon. Human rights barrister Pete Weatherby of GCN has been counsel for Michael throughout the campaign for his release. This is the first ever British pardon of someone convicted abroad.
Lawful consequences; "homeless at home"
In an article for ROOF magazine (September / October 2009) James Stark writes that the House of Lords has created a world of uncertainty in ruling that it is not unlawful to classify people "homeless at home".
Right to review reviewed
In a recent case it was ruled that forcing convicted sex offenders to remain on the sex offenders register was a breach of their human rights. In an interview for Lexis Nexis Butterworths News (published 13/8/09) Gavin Jones spoke to
Pete Weatherby
, barrister at Garden Court North Chambers.
Women workers successful in equal pay case against Bury Metropolitan Borough Council
1,200 low paid women - including cleaners, support workers and cooks - stand to gain thousands of pounds each after UNISON fought and won an equal pay claim against Bury Metropolitan Borough Council.
Pinnock (proportionality when granting possession of demoted tenancy) judgment
The Court of Appeal (Civil Division) last week handed down judgment in the case of Manchester City Council v Pinnock.
Reasonable Occupational Continuation
The Law Lords recently considered the duties of local housing authorities towards homeless people and when it was reasonable to remain in short-term or refuge accommodation. James Stark , a housing law specialist at Garden Court North, discusses two cases with Jon Robins writing for LexisNexisButterworths news (published 27/7/09).
Court of Appeal upholds sex offenders register ruling
The Court of Appeal (Civil Division) has upheld the important High Court ruling that indefinite notification requirements for convicted sex offenders without review is incompatible with Article 8 of the Convention on human rights.
Unlawful killing verdict for charity worker killed in India
A coroner at an inquest in Lancashire for a charity worker who died after being attacked in India has recorded a verdict of unlawful killing.
‘Third party support’ in immigration appeals to be considered by the House of Lords
The House of Lords have given permission to appeal to four of the Appellants in AM (Ethiopia) & Ors & Anor v Entry Clearance Officer [2008] EWCA Civ 1082. The Court of Appeal ruled in that case that persons seeking to enter the UK as spouses, minor, or adult dependents of persons settled in the UK must be adequately maintained by the person they are seeking to join, and that financial support from ‘third parties’ is not permitted under immigration rules 281, 297 or 317.
Prison JR quashes re-categorisation and refusal of HDC decision
A Judicial Review challenge of a Prison Governor’s decisions to (1) re-categorise a prisoner upwards from D to C and (2) to refuse release on home detention curfew led to the decision being quashed for (1) irrationality (regard to irrelevant considerations) and (2) failure to give adequate reasons. The Court also granted permission to challenge the handcuffing of the Claimant whilst he was in hospital.
Shelter Solicitor is "Lawyer of the Week" in The Times
HELEN JACKSON, a solicitor at Shelter Manchester, the housing and homelessness charity, has been interviewed for Lawyer of the Week in this week's Law Supplement published in The Times today....and Ben McCormack gets a mention.
Parole Board decision quashed for lack of reasons and irrationality (and Treasury Solicitor’s conduct described as “scandalous”)
A judicial review challenge has quashed a Parole Board decision for lack of reasons and irrationality, whilst the Treasury Solicitor's conduct in relation to extremely late service of the defence without proper excuse is described as "scandalous".
High Court lifts stay on claims for compensation for first time since the closure of the Coal Health Compensation Scheme in 2004
A former Greater Manchester pitman has received undisclosed damages after Mrs Justice Swift, sitting in the High Court, ruled that he should be allowed to claim compensation for his Chronic Obstructive Pulmonary Disease (COPD). This is the first case to be brought and allowed since the closure of the Coal Health Compensation Scheme on 31 March 2004.
GCN housing seminar to consider latest Lords judgment on homelessness.
The House of Lords judgment on homelessness, handed down today, will be considered at the "Trends and developments in Homelessness" seminar taking place in Manchester next week (10/7/09).
GCN barristers urge Straw to ditch plans for BVT
Members of GCN have written to Jack Straw expressing their condemnation of the proposed BVT scheme for LSC contracting. A copy of the letter is reproduced below:
LAG Legal Aid Conference report
This year marks the 60th anniversary of the founding of the legal aid system in 1949. 'Legal aid at 60: Bridging the justice gap' was a national conference presented by LAG to commemorate this landmark which discussed the government's plans for reshaping legal aid. Garden Court North Chambers sponsored the conference.
Court quashes murder conviction
A man who spent eight years in prison after being convicted of a murder has won his appeal against conviction in the Court of Appeal today.
GCN sponsors LAG National Conference on Legal Aid
GCN are sponsoring the LAG Legal Aid at 60: Bridging the justice gap national conference which takes place in London on 11th June 2009.
The end of the tolerated trespasser?
James Stark reports back with news on the introduction of Schedule 11 of the Housing and Regeneration Act 2008, which could spell out the end of the tolerated trespasser.
Teacher successful in DNA database challenge
A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil.
Lords judgment has dismissed IPP appeals
Judgment has today been handed down by the House of Lords in the (IPP sentenced prisoners) cases of James, Lee and Wells.
Mark George QC to speak at CBA Conference
Mark George QC will be speaking on the subject of prison law at the CBA (Criminal Bar Association) Spring 2009 conference this Saturday 25th April 2009 in Manchester.
Administrative Court opens for business in Manchester
Court cases challenging decisions by government or public bodies were for the first time heard in Manchester today, as the four devolved Administrative Court centres opened in Manchester, Birmingham, Cardiff and Leeds.
Deportation appeal considers Section 72 of the Nationality, Immigration and Asylum Act 2002 and meaning of 'particularly serious crime'
The Asylum and Immigration Trubunal last month (09.03.2009) gave determination following the reconsideration of the Appellant's appeal against the Respondent's decision to deport him on a number of grounds. As casenote produced for the ILPA April 2009 monthly mailing is reproduced below.
Court of Appeal allows out of time appeal of extended licence period
The Court of Appeal today recognised that exceptional circumstances existed to justify granting an extension of time of almost 6 ½ years to appeal against an extended sentence passed in 2002. The appeal against the length of the licence period of the extended sentence was then granted.
GCN's first "home grown" QC now official
Mark George QC , the first member to be appointed Queen’s Counsel since Garden Court North’s inception in 1996, attended the appointment of Queen’s Counsel ceremonies on Monday (30th March 2009) in Westminster Hall and the Royal Courts of Justice. Mark was appointed QC following the 2008-09 competition .
