In a recent prison law judicial review, the High Court has quashed a Parole Board decision and ordered a new hearing, in light of concerns that the Parole Board relied, or may have relied, on unproven events and thereby erred in law; namely by proceeding on the basis of a mistake of fact.

For the second time in a week a condemned man on death row in the US was kept waiting whilst the Supreme Court heard final appeals. Following a four hour delay in the execution of Troy Davis in Georgia last week this time it was the turn of Manuel Valle in Florida.

A jury at Preston Crown Court took just 20 minutes to acquit Peter Wilson of touching and kissing young girls indecently at a Lancashire primary school. Mark George QC represented the defendant.

The 2011 edition of the Legal 500 was published yesterday with Garden Court North recommended as a Northern Circuit Leading Set who has "notable prison and immigration law practitioners and has seen the recent arrival of three new tenants". Seven individual members are now recommended, including new entrants in the employment and public law categories.

Support "Team GCN" in the Manchester 10K Legal Walk this week.

In this month's Inside Time (August 2011), GCN's Matthew Stanbury and Marcus Farrar of Chivers Solicitors consider the difficulties faced by prisoners with learning disabilities, evaluate the limited provisions currently available and look at the potential of Learning Disability Unit referrals.

Garden Court North Chambers are pleased to welcome Sara Woodhouse Davie as a new tenant.

A householder who was arrested on suspicion of murdering a burglar in Greater Manchester has been released without charge. GCN's Mark George QC appeared on ITV Granada news to provide legal context on this decision not to prosecute.

In R v K [2011] EWCA Crim 1691 the court recently examined the definition of “exploitation” in the context of the offence of trafficking. Ian Macdonald QC of GCN was interviewed for Lexis Nexis Current Awareness (published 21/7/11) and explained why this case is a reminder to practitioners that they cannot solely rely on domestic law.

The Supreme Court will next week hear the case of R v Gnango (UKSC 2010/165) the appeal against the decision of the Court of Appeal (26/7/10) which had quashed the murder conviction. The hearing will commence on Monday 11th July 2011.

In a judgment handed down earlier this month (14/6/11), the EAT has held that Sheffield City Council was liable under the Race Relations Act 1976 (RRA) for harassment carried out by a third party to one of their employees.

The Legal Aid, Sentencing and Punishment of Offenders bill has been published today.

Mark George Q.C. , barrister at GCN, was interviewed for BBC Radio Manchester this morning on the implications of the Facebook juror trial in which the juror is expected to be sentenced today for contempt of court .

The Government has today laid a draft proposal setting out the rules they propose to be put in place for considering whether individuals should ever be removed from the Sex Offenders Register. This follows a Supreme Court ruling, which the Home Office unsuccessfully challenged.

The Ministry of Justice intends to bring forward legislation shortly which could decimate access to free legal advice. Over 650,000 people stand to lose out on this vital help through reforms to Legal Aid alone, at a time where other funding streams for free advice are under threat.

In R (GC and C) v Commissioner of Police for the Metropolis [2011] UKSC 21, the Supreme Court ruled that excessive retention of DNA profiles violated a person's right to privacy under European human rights law. The UK Government will have to provide new legislation or at least new guidance restricting the retention of DNA profiles and other personal data where suspects are not charged, or defendants acquitted following a Supreme Court ruling, Pete Weatherby , of GCN, was interviewed for Lexis Nexis Current Awareness (published 27/5/11), about the issues raised by the case.

In a judgment handed down yesterday (25 May 2011), HHJ Pelling QC quashed the conviction of the Claimant for failing to provide a sufficient urine sample for a mandatory drug test.

HHJ Behrens last week (19.5.11) dismissed the Claimant’s application for judicial review arising from the recalculation of his release dates following the judgment of the Supreme Court in Noone but granted him permission to appeal.

A high-profile judicial review was recently held to challenge the policing of the Climate Camp demonstration during the G20 summit (R (on the application of Moos) v Commissioner of Police of the Metropolis [2011] EWHC 957 (Admin)). Camille Warren of GCN was interviewed for Lexis Nexis Current Awareness (published 16/5/11), about the issues raised by the case.

The Supreme Court yesterday handed down a welcome judgment in the case of R (Adams) v SSJ [2011] UKSC 18, which concerns the issue of compensation for miscarriages of justice. Matthew Stanbury of GCN reviews the judgment below.

The Advocacy Training Council recently published a report on the first major research project in England & Wales specifically directed to considering the training barristers need to develop the right skills and understanding in how to interview, examine and cross-examine vulnerable witnesses, victims and defendants. Nina Grahame ,of GCN, was interviewed for Lexis Nexis Current Awareness (published 3/5/11) about what practitioners can learn from the report.

The Guardian today has published an article celebrating the 20th anniversary of the Prisoners Advice Service. Eric Allison writes that PAS is as much in demand as ever to make sure justice is done. Pete Weatherby of GCN is quoted in the article about recent work he has done with PAS (Manrai).

The Administrative Court in Manchester has handed down judgment in a recall appeal (for using cannabis in breach of the licence conditions on which Claimant was released from prison) which provides guidance on the proper approach to be adopted by the SSJ in decisions to recall.

Can we ensure access to justice for defendants, victims and witnesseswho will never be able to understand or fully engage with the legal process as it stands? “Raising the Bar” : The Handling of Vulnerable Witnesses, Victims and Defendants in Court, published this month by the Advocacy Training Council, provides an invaluable analysis and makes many useful and welcome recommendations but does it answer the question? Nina Grahame of GCN reviews the report below:

The High Court today granted permission for a full Judicial Review hearingin a challenge to the SSJ's interpretation of sentence calculation (PSI 55/2010) following the judgment in Noone.

Judgment in the case of Makisi v Birmingham City Council (and two other joined cases) has been handed down by the Court of Appeal today (31/3/11).

The High Court (QBD) has today handed-down judgment in a case concerning a teacher who was unlawfully arrested; this is the first substantive case to deal with the revised s24 PACE 1984 and the necessity requirement being met prior to an arrest. £1,000 damages awarded.

Mark Barlow of GCN featured in a File on 4 programme broadcast on Radio 4 this evening looking at historic abuse cases, the issues concerning evidence consisting of long-held memories and whether this is leading to miscarriages of justice.

The recent Court of Appeal ruling in MN (Tanzania) v Secretary of State for the Home [2011] EWCA Civ 193 has clarified that the correct test to be applied in determining an application for judicial review of a Secretary of State's decision to refuse to treat further submissions as a fresh claim was the Wednesbury test. Rory O’Ryan of GCN was interviewed for Lexis Nexis Current Awareness (published 25/3/11) about the implications of the case

Garden Court North is pleased to confirm that we will be advertising for a pupillage to commence in 2012.

In the recent case of R v Clipston the Court of Appeal held that hearsay evidence was admissible in confiscation proceedings and that the Criminal Justice Act 2003, s 114 was applicable in such cases. Mark George QC , of GCN, was interviewed for Lexis Nexis Current Awareness (published 16.3.11) about the fair and flexible approach of the court in this case.

If government proposals become law, sex offenders will have the right to have their names and addresses removed from the sex offenders register if they can show they pose no further risk to the public. Pete Weatherby of GCN, was interviewed for Lexis Nexis Current Awareness (published 2.3.11), about the impact the introduction of the proposals could have.

Mark George QC from Garden Court North will be speaking on the US death penalty training programme organised Amicus in March 2011.

The Bar Human Rights Committee ("BHRC") has today published a report on its findings following its latest mission to Bahrain in October 2010 to investigate reports of torture and human rights violations in terror suspect cases. The mission to Manama, Bahrain took place between 12 and 16 October 2010 and was undertaken by Pete Weatherby , Barrister at Garden Court North Chambers Manchester member of the BHRC, and Sally Longworth, Project Coordinator for the BHRC .

In the case of Stickley v MOJ and HMCS, heard at Birmingham Administrative Court on 24/1/11, the High Court awarded £8,500 for 57 days’ unlawful detention, i.e. in breach of Article 5(1) of the ECHR.

The Law Society has warned that the rising number of litigants in person could have an adverse impact on the civil and family courts system. Andrew Byles of GCN was interviewed for Lexis Nexis Current Awareness (published 8/2/11) about the effect such an increase could have on practitioners.

The deadline for responses to the Consultation paper on Proposals for the Reform of Legal Aid in England and Wales is 12 NOON on MONDAY 14TH FEBRUARY 2011.

In the case of R v Smith [2011] All ER (D) 105 (Jan) the Court of Appeal recently ruled that the appropriation of a Class A drug could amount to theft, despite the victim unlawfully possessing it. Mark George QC of GCN was interviewed for Lexis Nexis Current Awareness (published 28.1.11) on why the criminal law is concerned with keeping the peace when protecting property rights.

Garden Court North are pleased to announce that 9 members of chambers have been appointed to the new Preferred Counsel Panel of the Commission for Equality and Human Rights (EHRC).

Bury Metropolitan Borough Council had appealed against a tribunal ruling that women were entitled to the same bonuses as men in similar low-paid jobs.

Garden Court North Chambers are pleased to welcome Jared Ficklin as a new tenant.

In Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3 the Court of Appeal recently held a defendant chief constable had not assumed a duty of care in respect of the claimant when collating information for the purposes of a Criminal Records Bureau disclosure. Jared Ficklin of GCN was interviewed for Lexis Nexis Current Awareness (published 25.1.11) about why the courts are unwilling to change their approach to the question of public bodies and the duty of care.

In R (Oge Dengbe) v SSJ, heard on 21st January 2011, in the High Court sitting at Leeds, HHJ Kaye QC quashed a decision by the Defendant upgrading the Claimant prisoner to Category C.

In the case of McKeown v United Kingdom [2011] All ER (D) 65 (Jan) the ECHR has ruled there was no violation of Article 6(1) where an applicant alleged his trial for terrorism related offences was unfair as a result of non-disclosure of prosecution papers. Matthew Stanbury of GCN was interviewed for Lexis Nexis Current Awareness (published 20.1.11) about the issues raised by the case.

In the latest edition of Rook & Ward on Sexual Offences (published 15th December 2010) Mark Barlow has been acknowledged in the Preface for his contribution to a new specialist chapter on Historic Cases. The new chapter also includes reference to a number of key cases in which Mark has appeared and quotes from an recent article by Mark on the Challenges of Historic Allegations.

Judgment in the case of Osborn and Booth was handed down on 15th December 2010 providing important guidance on Parole Board oral hearings. Analysis of the judgment and commentary is provided in the article below.

In the case of R v Major [2010] WLR (D) 309 The Court of Appeal (Criminal Division) has held that where a defendant was acquitted of an offence, a restraining order could still be imposed under s 5A of the Protection from Harassment Act 1997. Mark George QC of GCN was interviewed for LexisNexis Current Awareness (published 24.12.10) to provide analysis of this decision.

Car insurance company LV= has revealed 60 per cent of doctors have reported a rise in patients exaggerating injuries to try to claim compensation over the past two years. Peter Hodson of GCN, a specialist in personal injury and occupational diseases was interviewed for LexisWeb.co.uk (published 22.12.10) about the issues these findings raise for practitioners.

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UPDATE 16/12/11

This appeal will be heard in the Court of Appeal next week on 19th / 20th December 2011.

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Following the judgment in the sale and leaseback test cases involving North East Property Buyers and nine tenants, permission to appeal has now been granted.

In the recent case of R v Webster [2010] EWCA Crim 2819 the Court of Appeal allowed an appeal against conviction under the Prevention of Corruption Act 1916, s 2 which created a reversal of the legal burden of proof. Mark George QC of GCN was interviewed for LexisNexis Current Awareness (published 9/12/10) to provide analysis of this judgment.