Category: News

Court of Protection Newsletter and Update

Newsletter Spring 2017 Court of Protection Update November 2016- January 2017 We were honoured to have Senior Judge Denzil Lush and Ruth Henke QC as speakers at our Court of Protection seminar which we held at the Crowne Plaza toward the end of last year. The seminar was extremely well attended and received. We look forward to presenting many more events in the future for those who practise in this area. It has been an interesting couple of months for those who practise in the Court of Protection and, as such, I propose to summarise some of the cases which are of relevance:-   RE N (DEPRIVATION OF LIBERTY CHALLENGE) sub nom N (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v A LOCAL AUTHORITY (2016) [2016] EWCOP 47CP (Peter Jackson J) 21/11/2016 This concerned a man in his 40s who had mild learning difficulties and suffered from a paedophilic … Read More

Anna Pope secures not guilty verdict for vulnerable adult

Anna Pope of Linenhall Chambers represented a 32 year old female with the mental age of a 5 year old. The Defendant was alleged to have caused life threatening injuries to her mother, by stabbing her to the neck and head with a kitchen knife. After protracted proceedings and legal arguments, the Prosecution conceded that it was no longer in the public interest to continue, offered no evidence, and the Defendant was found not guilty of the offence.     … Read More

Ben Douglas-Jones represents Crown in landmark Human Trafficking case

Ben Douglas-Jones appeared for the Crown in a landmark special court (Lord Thomas CJ, Hallett VP and Goss J) hearing of 6 conjoined appeals, led by John McGuinness QC, in the case of Joseph et al. [2017] EWCA Crim 36.  It concerned victims of human trafficking charged with offences. It addressed: whether duress needed to be reassessed in the context of victims of trafficking; how to approach the prosecution of victims of trafficking who commit serious offences (such as drug trafficking) less than murder; whether the courts should redefine the approach to the prosecution of victims of human trafficking following the coming into force of the statutory defence to offences of being a victim of trafficking (s45 of the Modern Slavery Act 2015); the prosecution of child victims of trafficking (where the CCRC erroneously suggested that the Court of Appeal had misunderstood the law on the basis that the Court … Read More

Bangor University Law Fair 2016

Linenhall Chambers were delighted to be invited again to attend the Bangor University Law Fair. The students showed a great interest in the variety of work we carry out and our pupils took part in mock interviews with the students. Read More

Refugees who enter the Channel Tunnel: R v Mirahessari and Vahdani

Ben Douglas-Jones persuaded the Court of Appeal that it is not an abuse of process to charge putative refugees who enter the Channel Tunnel with obstructing an engine even though a refugee defence is not available to them.  The Court also accepted that (1) mens rea was not an essential element of the offence beyond an intention to commit an unlawful act; (2) an act that is unlawful in civil law is an unlawful act for those purposes; and (3) causation does not require a mental element but will be made out if the natural result is that an engine is obstructed.  … Read More

Court of Protection Seminar 15th November 2016

15th November 2016 registration at 2 pm Crowne Plaza Hotel, Chester 4 CPD points £25 per delegate Refreshments provided throughout the afternoon, drinks and canapés at 6 pm Talks by: Denzil Lush – senior judge of the Court of Protection when the Mental Capacity Act 2005 came into force on 1 October 2007. : “The United Nations Convention on the Rights of Persons with Disabilities and the way it affects Court of Protection practice”  Ruth Henke QC – Ruth is an acknowledged expert on the community care law applicable in Wales. She regularly advises local authorities on the provision of services and their policy guidance. “Deprivation of Liberty  Safeguards – the reality post Cheshire West”  Adrian Hawley – Head of Court of Protection team at Partners In Costs . “A revolution in costs of the Court of Protection – the … Read More

Ben Douglas-Jones in Court of Appeal Refugee Cases

Ben Douglas-Jones has appeared in two Court of Appeal cases (Z, 7 July 2016 and Chikho, 13 October 2016) which considered the status of Turkey as a stopover point for refugees seeking to rely on the asylum seeker’s defence to criminal offences.  The 1951 Refugee Convention, as a post-Second World War instrument, was originally limited in scope to persons fleeing events occurring before 1951 within Europe.  A 1967 Protocol removed the geographic and temporal limits of the Convention.  Turkey however maintained the geographical limitation.  Thus no Convention protection was historically afforded to refugees from outside Europe seeking asylum in Turkey.  A stopover in Turkey could (historically) not prevent a refugee from relying on the refugee defence.  In Chikho the importance of advice given at the Crown Court was highlighted.   … Read More

Linenhall’s Macmillan Cake sale raises £385 for Charity

Thank you to all our talented bakers and generous donators for supporting Linenhall’s cake sale raising money for and awareness of Macmillan Cancer Support. Another very successful and enjoyable event. If you missed the cake sale but still want to donate to the charity, please use the link below: https://donation.macmillan.org.uk/wbcm/payin   … Read More

Legal Wales Conference 2016 Bangor

Linenhall Chambers was pleased to be able to sponsor the Legal Wales Conference which took place on Friday 7th October 2016 at Bangor University. Delegates from across Wales attended to hear and take part in a number of presentations on the theme of ‘Convergence or Divergence’ in Welsh and English law. The Michael Farmer Memorial Lecture was this year delivered by The Rt Hon Lord Justice Davis on ‘Crime and Punishment – some reflections on the Modern Criminal Trial and Sentencing Process’. The Conference was a sell out this year; not surprising bearing in mind the high quality of the speakers. Read More