Doughty Street Chambers launches free Criminal Appeals advice line

Our Criminal Appeals Advice Line is a new project aimed at providing free preliminary advice and guidance for solicitors in potential appeals and Criminal Cases Review Commission matters. ►►

Afghan detainee wins right to challenge transfer

The High Court granted permission for Serdar Mohammed to proceed with a judicial review challenge to the legality of his and others' transfer by UK forces to the Afghan authorities. Mr Mohammed was handed over to the Afghan intelligence service NDS, at whose hands he suffered severe abuse. The Defence Secretary has announced a moratorium on further transfers of detainees. Nikolaus Grubeck (and Ben Jaffey of Blackstone Chambers), instructed by Leigh Day & Co, are acting for Mr Mohammed. ►►

Regulator's decision to re-open case quashed

A nurse has successfully challenged a decision by the Nursing and Midwifery Council (NMC) which overturned a previous finding that the nurse had no case to answer with respect to a set of allegations made against her. The nurse, known as B, was represented by Steve Broach, instructed by the Royal College of Nursing. ►►

Defendant cleared of gangland execution in Old Bailey retrial

Nathaniel Valton, defended by Piers Marquis (and James Scobie QC), has been cleared of murder at his retrial at the Central Criminal Court. Valton was said by the Prosecution to have been the gunman in the murder of Michael Ofori, who was shot at point blank range as he sat in his car in a residential street in South London. ►►

Lawyer to watch

Ruth Brander has been named by the Guardian as a "lawyer to watch" in light of her work on protestor cases and the death penalty in the Caribbean. ►►

European Court finds a violation of Article 3 ( MS v UK)

The European Court of Human Rights has unanimously found that the detention of a mentally ill man in a police cell for over three days violated his rights under Article 3. The issue before the Court was whether the authorities fulfilled their obligation to protect the applicant, MS, from treatment contrary to Article 3. Aswini Weereratne and Kate Annand were instructed by Peter Carlin of Peter Edwards on behalf of the appellant. ►►

Colombian Constitutional Court confirms suspension of Muriel Mining Corporation's (MMC) mining in Jiguamiandó, Chocó

Kirsty Brimelow QC and Phil Haywood submitted an Amicus Brief on behalf of the Bar Human Rights Committee in relation to Mandé Norte copper-gold-molybdenum exploration project's failure to properly consult the Indigenous and Afro-descendant communities in Jiguamiandó, Chocó. ►►

Boxall Revisited - Costs in Applications for Judicial Review

The Court of Appeal (the Master of the Rolls, Hallett LJ and Stanley Burnton LJ) has today revisited the circumstances in which a claimant in an action for judicial review should be entitled to their costs when their application has been compromised with a successful outcome. Robert Latham (instructed by Hansen Palomares) successfully overturned a decision of the Administrative Court, where no order for costs had been made in an age dispute case on the ground that the outcome of case had not been obvious from the outset. ►►

Repatriation of an unwell man to Portugal a breach of his human rights

The Administrative Court has declared it a breach of Mr Almeida's human rights to deny him accommodation and support under s.21 National Assistance Act 1948. Mr Almeida, an EEA national from Portugal, fell unwell with HIV and Hepatitis C after having lived in the UK for several years. On behalf of Mr Almeida Jamie Burton (instructed by Rhea Edes at Duncan Lewis) argued that the Council's denial of support constituted a breach of Mr Almeida's rights under Article 3 and/or 8 of the European Convention of Human Rights. ►►

Ralph Kasambara - from unlawful detention to Attorney General and Minister of Justice

Ralph Kasambara has been appointed as the Attorney General of Malawi. He was released from custody in March 2012. Doughty Street member Kirsty Brimelow QC advocated for an end to his illegal detention. ►►

Judgment reserved for co-founder of the Bahrain Centre for Human Rights

Fears are growing for welfare of detained Human Rights activist Abdul Hadi Al Khawaja on hunger strike in Bahrain. Sarah Elliott attended the Bahrain Court of Cassation on Monday to observe the appeal of Al Khawaja and the 13 other political prisoners including Bahrain on line blogger Dr Al Singace on behalf of Pen international and IFEX. ►►

Taylor on Criminal Appeals receives favourable review

Taylor on Criminal Appeals (2nd edition: OUP), written by members of the DSC Crime Team, together with Professor David Ormerod, Steven Bird and Rajiv Persad, has been reviewed by Campbell Malone, Chairman of the Criminal Appeal Lawyers Association (CALA). He said that "In my view this book is indispensable for any serious criminal practitioner, whether they be experienced appellate lawyers or not." ►►

Another victory for Open Justice in Gareth Williams Inquest

Eight national media organisations, represented by barrister Caoilfhionn Gallagher and solicitor Rachel Welsh of ITN, have secured important victories for open justice at the inquest into the death of Gareth Williams, the MI6 / GCHQ spy. ►►

Court of Appeal quashes conviction due to misuse of character evidence

Liam Walker acted for the applicant in the recent case of R v Lee (PeterNigel Bruce) [2012] EWCA Crim 316. The Court of Appeal accepted that the Crown had wrongly been allowed to adduce evidence of bad character as "important explanatory evidence" via gateway (c) of The Criminal Justice Act 2003. ►►

Systemic Human Rights Violations Block Extradition

Ben Cooper and Edward Grange of Sonn Macmillan Walker have secured the discharge of 'X' following a request for his extradition from the Republic of the Gambia. The defence succeeded in establishing that notwithstanding the presumption of good faith and the claimed existence of due process, the sheer volume of repeated concerns could not be dismissed as isolated but widespread in the Gambia.►►

Taylor on Criminal Appeals Second Edition OUP

Doughty Street Chambers is delighted to announce the publication of Taylor on Criminal Appeals (Second Edition OUP). The book was written by 14 members of the Doughty Street Criminal law team, led by Paul Taylor, together with Professor David Ormerod, Steven Bird and Rajiv Persad.►►

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