Archives: Video Teasers

S.10A POCA 2002 Representing Third Party Interests - Jane Osborne QC

S.10A POCA 2002 Representing Third Party Interests

Speciality: Financial-Crime-Fraud, Criminal-Defence
Name: Jane Osborne QC
Organisation: 2 Harcourt Buildings

Ranked in Legal 500 for both General Crime and Fraud and in Chambers and Partners for Financial Crime, Jane has a leading practice in complex prosecution and defence work, and particularly in the field of financial business crime.

Here Jane explains how the courts may determine a defendant’s interest in property when making a confiscation order, highlighting significant pros and cons. Using relevant case law, she explains how a third party – such as a family member or business partner – might demonstrate an interest in confiscated property. This includes a case whereby property was tainted by criminal funds.

Key words/topics:

  • s10A Proceeds of Crime Act 2002
  • Confiscation
  • Interest in property
  • Demonstration of an interest
  • Lloyds Bank plc v Rosset [1991] 1 AC 107
  • Third party interests
  • Stack v Dowden [2007] UKHL 17
  • Gibson v RCPO [2008] EWCA Civ 645
  • Property tainted by criminal funds

More about Jane Osborne QC:

Jane is regularly instructed in cases of conspiracy to defraud and to cheat the revenue, MTIC and carousel frauds, and in multi million pound money laundering investigations. She is regularly involved in Proceeds of Crime Act proceedings to recover the proceeds of such offences. She is also very experienced in prosecuting and defending serious cases involving serial sex offences, serious violence including homicide, and offences arising from investigations into organised crime groups.

Jane is described by those who instruct her as jury friendly with a reassuring manner which puts jurors at ease. She has a straightforward manner and is capable of making even the most complex evidence easy to understand for a jury. When cross-examining she is commanding and assertive. Her attention to detail is particularly apparent when presenting and challenging detailed financial evidence, or complex telephone and cell site evidence.

Those who instruct Jane to defend identify her excellent client care skills as a particular strength. She is routinely instructed to represent those with learning difficulties and mental health issues and also young defendants charged with very serious offences. She is a talented jury advocate who gains the trust and respect of juries through her detailed and thorough knowledge of the detail of the case.

Jane also has a substantial appellate practice having appeared in the court of appeal in the recent past to argue points of law relating to conspiracy indictments, expert evidence and the legality of covert surveillance methods.

Jane is available and qualified to take instructions directly from members of the public in appropriate cases.

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you.

Preparing Immigration Appeals Post-2020 Lockdown - Chengetai Mupara

Preparing Immigration Appeals Post-2020 Lockdown

Speciality: Immigration
Name: Chengetai Mupara
Organisation: Great James Street Chambers

This timely and crucial seminar looks at preparing immigration appeals following the first Covid-19 lockdown of 2020, when the government brought in changes that some solicitors were not aware of as they themselves were on furlough. In this session, Great James Street’s Chengetai Mupara will look at:

  • The new appeal system
  • Changes brought by the reform online procedure
  • Skeleton Arguments
  • Preparing Witness evidence
  • Issues in dispute
  • Obtaining expert evidence
  • Instructions to expert
  • The introduction of Technology in the IAC
  • Getting ready for CVP
  • Evidence from abroad

Chengetai’s passion for advocacy and human rights started from a very young age. He started off as a pro-democracy campaigner, student activist and a human rights defender in Zimbabwe.

He now has a busy practice and regularly appears in the First-tier Tribunal (“FTT”) and Upper Tribunal of the Immigration and Asylum Chamber, County Court, Crown Court and Magistrates’ Courts.

Diversity and Unity in the Profession

Speciality: Unity
Name: Stephen Akinsanya and Greg Stewart
Organisation: Great James Street and GT Stewart

This Unity in the Profession session is presented by ex criminal defence Barrister Nikki Alderson and centres on a pioneering new national network called Women In Criminal Law .Nikki also touches on her groundbreaking coaching work for women in the industry You can contact Nikki Alderson via nikki@nikkaldersoncoaching.com

Victims of Trafficking after R EOG v Secretary of State - Public Law Challenges - Raphael Jesurum

Victims of Trafficking after R EOG v Secretary of State – Public Law Challenges

Speciality: Immigration
Name: Raphael Jesurum
Organisation: The 36 Group

This focused and informative seminar from one of the Law Friends stalwarts, Raphael Jesurum, will give you a vital refresher of what trafficking is and the process by which victims are identified, and then give you some tools to better prepare your cases and review some of the types of challenges, and recent developments in the case law.

The obligation to tackle trafficking in human beings comes from the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, which was ratified by the United Kingdom in 2009.

The Trafficking Convention contains definitions and a series of obligations. The purpose of the convention is set out in Article 1 and its scope in Article 2. The definition of trafficking is set out in Article 4.

The Trafficking Convention sets out a series of obligations in Chapter III. Broadly, these are:

  • Article 10 – identification of victims
  • Article 11 – protects private life and personal data
  • Article 12 – obligations to provide assistance to victims
  • Article 13 – creates a recovery and reflection period of at least 30 days
  • Article 14 – allows for the grant of Residence Permits
  • Article 15 covers the right to compensation and legal redress, including the right to legal aid

Relevant cases

  • R (Galdikas) v SSHD [2016] 1 WLR 4031
  • PK(Ghana) v SSHD [2018] EWCA Civ 98
  • R (EOG) v SSHD [2020] EWHC 3310 (Admin)

Law Friends Community

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you

Bio

Raphael practises in asylum, immigration and nationality law. He appears regularly in the Upper Tribunal, the Administrative Court and the Court of Appeal.

Raphael’s main interest is strategic litigation: working in partnership with solicitors to identify new legal points, training caseworkers to spot them, and advising early in order to test the issues on appeal. The aim is to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.

An example is the successful campaign to secure settlement rights for the children of Gurkha veterans. Before coming to the bar, Raphael was a successful broadcaster and foreign correspondent, working for the BBC and other international news outlets. He reported on the genocide in Rwanda in 1994, the Albanian uprising in 1997 and separatist violence in Macedonia.

Police Station Cautions and Other Out of Court Disposals - Antony Bartholomeusz

Police Station Cautions and Other Out of Court Disposals

Speciality: Custody-Suite, Criminal-Defence, Crime and Protest Law
Name: Antony Bartholomeusz
Organisation: Great James Street Chambers

Antony Bartholomeusz is an experienced criminal defence Barrister who understands the Magistrates Court and the Crown Court from the Defence perspective primarily, but also occasionally as a prosecutor adding weight to the comprehension of the case.

Here Antony takes us through the current state of play with regards to a range of Police Station Cautions and Out of Court Disposals, including significant developments under the Police, Crime, Sentencing and Courts Act. Requirements in order to achieve these outcomes (and some notable difficulties) are outlined, as well as ways in which these outcomes can be challenged from a prosecution perspective. Advantages and disadvantages associated with Cautions and Out of Court Disposals are discussed.

Key words/topics:

  • Community Resolution
  • Drugs
  • Youth Cautions
  • Youth Conditional Cautions
  • Diversionary Cautions
  • Conditional Caution
  • Simple Caution
  • Penalty Notice for Disorder
  • Fixed Penalty Notice
  • Reprimand
  • Warning
  • Public Interest
  • Code for Crown Prosecutors
  • Gravity Matrix (Adult) Two Tier Framework
  • Police, Crime, Sentencing and Courts Act
  • Rehabilitation and Reparation conditions
  • Challenging the validity of a caution

Antony’s experience

In addition to a busy criminal practice, I am instructed to advise in public law matters and civil law matters involving public authorities.

As a ‘third six’ my practice focused on criminal advocacy. I gained experience of specialist aspects such as the Modern Slavery Act 2015, proceeds of crime and extradition. I received instructions from public authorities including the CPS, Metropolitan Police, local authorities, and Transport for London.…see more.

The Legal Response Initiative provides advice and assistance to developing states and NGOs in relation to climate change law. I attended the UNFCCC negotiations in May 2016, November 2017 and June 2019. I have also coordinated the London-based Situation Room during UNFCCC negotiating sessions, supervising volunteers and identifying appropriate external advisors. My initial involvement with the LRI began as a volunteer, providing legal research in relation to draft texts and proposals before and during the Paris Conference of the Parties in 2015

I completed a 12-month pupillage at 6 Pump Court. As a second-six pupil I appeared in criminal, civil and regulatory cases.

Associate Lecturer

I taught public international law, constitutional law, administrative law and European Union law. In Autumn 2017 I was the module convenor and examiner for a final-year introductory module to public international law, for which I designed the course and gave a series of lectures and tutorials. I also coached the University’s 2016-17 team for the Telders International Law Moot Court Competition. In Spring 2018 I was the module convenor and examiner of European Union Law I, a compulsory module for over 200 undergraduate and postgraduate students.

Personal Tutor

I taught a range of law subjects to LLB, LLM, BPTC and GDL students of varying abilities as a self-employed tutor. I also assist students seeking training contracts with interview preparation.

Lecturer (Part-time)

I led several groups of public law tutorials and delivered occasional lectures in comparative public law. I was named ‘Lecturer of the Year’ by a vote of students in March 2017.

Representative

I represented clients in social security cases (Employment Support Allowance and Personal
Independence Payment) before the First-tier Tribunal on an ad hoc basis. This involves legal research, client conferencing, drafting written submissions and oral advocacy.

Research Intern

I developed the Global Rule of Law Exchange focusing on the relationship between the rule of law and development. I researched and analysed the impact of the Criminal Justice and Courts Act 2015 on financing of judicial review and non-party costs orders. I also researched proposals for a UK Bill of Rights and investigated African sub-regional courts understanding of the rule of law.

Consultant

I completed a comparative research project considering the human rights, employment law and fisheries regulations under the domestic law of four Asian countries. This scoping research informed a campaign against exploitative labour practices used by those who conduct illegal, unreported and unregulated fishing.

Stipendary Intern

I provided legal research on topics including climate liability, international and European environmental law, law of the sea and human rights, working within a six-person legal unit. The highlight of my six-month internship was research, drafting and case management for applications on behalf of the Arctic 30 to the European Court of Human Rights for Greenpeace.

Tutor

Griotius Centre for International Legal Studies, Leiden University

I coached two moot court teams for the Grotius Centre for International Legal Studies’ summer school on International Criminal Law. I also gave a short talk about mooting to the entire cohort and took questions. Attendees ranged from undergraduates to national judges and human rights experts

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you.

Covid Support Scheme Fraud - Max Mills

Covid Support Scheme Fraud

Speciality: Financial-Crime-Fraud, Criminal-Defence
Name: Max Mills
Organisation: 2 Harcourt Buildings

Max is a Crime Barrister at Two Harcourt Buildings. He has a multi-disciplinary practice encompassing white-collar crime and financial regulation, inquests and public inquiries, and general crime.

After revealing statistics from the University of Oxford revealing the scale of potential frauds, Max explains some of the issues enountered establishing the requisite dishonest intent of those who might be accused. He then goes on to outline how prosecutions for Covid Support Scheme Fraud are likely to develop in the coming years. He also advises how to deal with clients who think that they may come forward having thought to have made a mistaken claim.

Key words/topics:

  • Covid-19
  • Pandemic
  • Fraud
  • Covid Support Scheme Fraud
  • Coronavirus Job Retention Scheme
  • Self-Employed Income Support Scheme
  • Eat Out to Help Out Scheme
  • Bounce Back Loan Scheme

More about Max Mills:

Before coming to the Bar, Max qualified as a solicitor at an international commercial law firm where he worked in corporate law, competition law, and dispute resolution, including fraud and regulatory investigations. Max is a Trustee of the C4WS Homeless Project in North London, where he hosts a monthly legal advice clinic.
He was also a law student at Pembroke College at University of Oxford before completing his Masters at London School of Economics.

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you.

Magistrates Court and Crown Court Criminal Law Update Spring 2022 - Dan Santos-Costa

Magistrates Court and Crown Court Criminal Law Update Spring 2022

Speciality: Criminal-Defence
Name: Dan Santos-Costa
Organisation: Great James Street Chambers

Dan Santos-Costa is a Crime Pupil Barrister at Great James Street Chambers, with an interest in practice within criminal law and extradition. Prior to starting pupillage, Dan worked as a criminal defence paralegal for a busy firm of solicitors.

This is a general update on legal developments over the past 12 months that are relevant to practices in the Police Station, Youth Court, Magistrates Court and Crown Court. This includes a new protocol and an increase in sentencing powers in magistrates courts, new guidance regarding offensive weapons, as well as new Protest Law. Dan also presents some interesting case law developments.

Key words/topics:

  • The Judicial Review and Courts Bill
  • Sentencing powers
  • Pre-Sentence Report
  • Magistrates Court
  • The Probation Service
  • Criminal Procedure Rules
  • Offensive Weapons Act 2019 Guidance – issued in January 2022
  • Proceeds of Crime Act 2002
  • Protest Law
  • Colston Judgement

More about Dan Santos Costa:

Dan joined Chambers as a first six pupil in January 2022.

Prior to starting pupillage, Dan worked as a criminal defence paralegal for a busy firm of solicitors. As a paralegal, Dan worked on a variety of criminal matters, managing cases involving assault on emergency workers, possession of bladed articles, possession of controlled drugs, including supply cases, assault occasioning actual and grievous bodily harm, breach of Court orders, and the imposition of Sexual Harm Prevention Orders and Criminal Behaviour Orders.

Dan has two and a half years’ worth of experience as a paralegal in Criminal Law, Extradition and Insurance Litigation.

Pro Bono

Dan is a Free Representation Unit representative and regularly appears for clients in the First-Tier Social Security Tribunal in their claims for Employment Support Allowance and Personal Independence Payment.
He was an Independent Custody Visitor for the City of London Police between 2019 and 2021.

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you.

Central Issues Around Female Genital Mutilation - Jennifer Obaseki

Central Issues Around Female Genital Mutilation

Speciality: Family, Immigration, Criminal-Defence, Human Rights, Crime and Protest Law
Name: Jennifer Obaseki
Organisation: Obaseki Solicitors

In this insightful expert seminar, Dr Jennifer Obaseki, founder and director of Obaseki Solicitors, looks at an extremely important societal issue which is often overlooked within the law, to give an -in-depth talk about central issues around female genital mutilation in the UK, looking:

  • Defining FGM
  • Common misconceptions
  • Statistics, types of FGM and its consequences
  • FGM Protection Orders
  • Applying for FGMPOs
  • Unwanted effects of FGM law
  • Tackling FGM

Relevant laws

FGM Act 2003:

Serious Crime Act 2015: 

Case law

R v Dharmasena, 2015

Z (A Child), 2017

Re X (A Child) (FGMPO), 2018

R v. N (FGM), 2019

Suffolk County Council v RD and MA (2020)

Dr Jennifer Obaseki is an award-winning solicitor. She manages teams specialising in immigration, civil litigation, negligence, family, crime, property and commercial law. She was most recently honoured with a doctorate degree in Law for her humanitarian activities.

Working in the Property Tribunal - Judge Jim Shepherd

Working in the Property Tribunal

Speciality: Housing
Name: Judge Jim Shepherd
Organisation: Doughty Street Chambers

Law Friends stalwart Judge Jim Shepherd of Doughty Street Chambers returns once more to impart his vast knowledge on working in the property tribunal, focusing on:

  • Types of service charge disputes
  • Dispensation
  • Fringe service charge disputes

Relevant law

  • Rent Act 1977
  • S. 20ZA Landlords and Tenants Act 1985
  • Disputes under the Housing Act 1988

Relevant case law

Daejan Investments Ltd v Benson and others [2013] UKSC 14

Jim specialises in housing law for tenants and homelessness applicants in severe need. In the context of community care, he has been committed to tackling the plight of young homeless people and those who suffer from mental health issues.

Jim continues to sit as a Judge in the First Tier Tribunal Property Chamber and in the Leasehold Valuation Tribunal in Wales. He is ranked in the Legal 500 and by Chamber & Partners.

Law Friends Community

To contact the speaker or their clerks direct to discuss or instruct, click “contact” and an e mail will be set up automatically for you

Medical Applications and Appeals - Shoba Aziz

Medical Applications and Appeals

Speciality: Immigration
Name: Shoba Aziz
Organisation: Great James Street Chambers

Great James Street’s highly experienced immigration and family barrister Shoba Aziz presents Immigration Law Medical Applications and Appeals. This session is designed for all immigration lawyers and will look at how to prepare immigration medical applications and appeals. It will concentrate on how to prepare for Article 3 and 8 applications to the home office and appeals in the First Tier Tribunal. You will see how the case law has developed over time and what the current test is.

Relevant case law

  • D v UK (1997) ECHR 25
  • N v SSHD (2005) UKHL 31
  • Paposhvili v Belgium (2016) ECHR 113
  • AM Zimbabwe v SSHD (2020) UKSC 17
  • MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021)
  • Bensaid (2001) 33 EHRR- ECHR
  • MM Zimbabwe (2012) EWCA civ 279
  • Akhalu (health claim ECHR Article 8) (2013) UKUT 00400

Shoba has been instructed in some of the leading cases in this field and appears regularly before the courts in cases that raise important principles of law. She specialises in asylum, human rights and nationality matters. Shoba has been representing vulnerable appellants and victims of trafficking since 2003.

© Copyright 2022 Law Friends Society. All Rights Reserve