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THE CRISIS IN JUSTICE: WILL INDEPENDENT ADVOCATES FOR RAPE VICTIMS MAKE ANY DIFFERENCE?

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THE CRISIS IN JUSTICE: WILL INDEPENDENT ADVOCATES FOR RAPE VICTIMS MAKE ANY DIFFERENCE? Paul Harris  The new government have had their first party conference. And for those waiting for some clue about solving the justice crisis there was little other...

THE CRISIS IN JUSTICE: WILL INDEPENDENT ADVOCATES FOR RAPE VICTIMS MAKE ANY DIFFERENCE?

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  The new government have had their first party conference. And for those waiting for some clue about solving the justice crisis there was little other than repeated mentions about how the Rule of law matters.   The justice secretary did not...

Post Office Appeal Success

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Edward Fail Bradshaw & Waterson solicitors acting for Jacqueline Falcon are pleased to confirm her conviction on 30 July 2015 for fraud by abuse of position was quashed today at the Court of Appeal.  This conviction was based on Horizon computer...

Edward Fail Bradshaw and Waterson once again praised in Legal 500 2024

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We are beyond thrilled to once again be recommended for our expertise, dedication and our commitment to both legal aid and private client work for 2024.  Edward Fail, Bradshaw & Waterson's  crime practice is...

FRAUD UNCOVERED BY KIRSTY BISHOP

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WHAT TO DO WHEN SECTION 22 POCA 2002 COMES FOR YOU? The title of this blog may sound like a low rent slasher movie, but the power of Section 22 of the Proceeds of Crime Act 2002 is just like a bad sequel to your original case.  At end of a criminal...

Case Management in the Magistrates Court; A sham?

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  My recent experiences of going to the Magistrates Court has left me wondering what the point of case management is. In all honesty, it feels like I am the victim of a deception at the hands of the Court and the Crown.  On the last two occasions,...

Acquittal in serious Court Martial case

Natalie Berman
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Natalie Berman instructed Emma Goodall KC of Doughty Street, to defend a Captain in the British Army tried in the Military Court. After a trial lasting 7 days, our client was formally found not guilty of a serious sexual offence after a successful...

Edward Fail Bradshaw & Waterson ranked in Chambers & Partners 2023

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Edward Fail, Bradshaw and Waterson are delighted to once again be recommended as a leading firm in London for crime in the 2023 edition of Chambers and Partners. It was said that  "Edward Fail Bradshaw & Waterson is a firm that has real...

Edward Fail, Bradshaw & Waterson are proud to be featured again in The Legal 500

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Edward Fail, Bradshaw & Waterson are proud to be featured again in The Legal 500 The Legal 500 assesses the strengths of law firms in over 150 jurisdictions . We are delighted that we are once again recommended for our expertise in crime and...

Thirty years as an Advocate

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THIRTY YEARS AS AN ADVOCATE 30 years ago today I qualified as a solicitor and was able to appear as an advocate in the Magistrates Court for the first time. I recall that I was so nervous that I prepared for every eventuality that might arise during...

Problem-Solving Courts (PSC) - Rearranging the deckchairs on the Titanic

Paul Harris
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Senior Partner, Paul Harris, comments on the Governments "ground breaking" new proposals announced on 17 July 2022 to address drug and alcohol addicted crime in new "Problem Solving Courts (PSC)"   The Government's...

Adeela Khan nominated for Criminal Defence Lawyer of the Year by the Legal Aid Practitioners Group

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The Legal Aid Practitioners Group Awards celebrate the best of legal aid lawyers in the country. Now in its’ 20 th year, there are 12 awards available for various practice areas and individual awards. Find out more here:  LAPG LALY 2022 Press...

Serious Economic, Organised Crime & International Directorate - is it just a reshuffle of resources?

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On 01 April 2022, the Crown Prosecution Service announced the immediate creation of a new team, the  Serious Economic, Organised Crime and International Directorate  (SEOCID). The new team was created as a part of the  ‘Economic Crime...

The Economic Crime Act - The Emperor has new & improved clothes

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On 15 March 2022, the  Economic Crime (Transparency and Enforcement) Bill  (‘the Act”) received Royal Assent paving the way for the bill to become an Act of Parliament. The Act clarifies and improves upon the sanction’s regime,...

Juries - Evidence, Equity and the Establishment

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Two recent acquittals for protestors, the  'Colston Four'  on Wednesday 5 January 2022 and the  'Shadwell Three'  on Friday 14 January 2022 have caused Conservative MP’s and political commentators to criticise the...

Success at Half Time in Arson with Intent to Endanger Life

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Partner, Natalie Berman instructed  Jonathan Green  of  Drystone Chambers . Our client was accused of deliberately starting a fire over a dispute with a neighbour. The complainant alleged that he had been blocked in his room and that our...

Edward Fail, Bradshaw & Waterson again ranked in Chambers and Partners

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Chambers and Partners  is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers. Edward Fail, Bradshaw and Waterson are delighted to once again be recommended...

Acquittal in Aggravated Burglary at Basildon Crown Court after long delay

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Head of Crown Court Team and Partner, Natalie Berman was advocate and was instructed by Partner, Kirsty Bishop. Our client was one of three men who was alleged to have entered an address at gunpoint and stolen two bags and a watch. Our client...

Edward Fail, Bradshaw & Waterson once again ranked in the Legal 500

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The Legal 500 assesses the strengths of law firms in over 150 jurisdictions and is the client guide to the best law firms. We are delighted that we are once again recommended again for our expertise in crime. Edward Fail, Bradshaw &...

Exceptional Circumstances successfully argued in firearms case

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Head of Crown Court Team and Partner, Natalie Berman who was instructed by one of our Partners Kirsty Bishop successfully argue for exceptional circumstances in a peculiar firearms case where the mandatory minimum applied. Our client faced a 2- count...

Press Release: Another XR Conviction Overturned

Natalie Berman
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Following on from the successful appeal on behalf of  successful appeal on behalf of Amelia Halls  last week, today our client Neil Traynor had his conviction overturned at the Central Criminal Court. Our client, Neil Traynor, was initially...

Open Letter to HMP Pentonville

Paul Harris
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An open letter to Ian Blakeman, Governor of HMP Pentonville concerning access to HMP Pentonville with electronic tablets Dear Sir, Re:  Access to HMP Pentonville with Tablets My partner, Natalie Berman attended HMP Pentonville this morning,...

Press Release: XR Conviction Overturned

Natalie Berman
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Today, our client Amelia Halls had her conviction overturned at the Central Criminal Court. Amelia was represented by Head of Protest Department, Adeela Khan who instructed  Shina Animashaun of Garden Court Chambers. Our client was initially convicted...

Rare Acquittal in Court Martial Case

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Natalie Berman instructed Ben Smitten of 25 Bedford Row, to defend a Colonel in the British Army (who was also a Cambridge law graduate) at the Catterick Court Martial Centre. In 2019, the defendant was President of the Board in...

Would You Prefer to Defer? - Deferred Prosecution Agreements and the SFO

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Deferred Prosecution Agreements (DPA) were largely considered an American mechanism until their introduction in February 2014 by Schedule 17 of the Crime and Courts Act 2013. Since then, there has been 12 DPAs between the Serious Fraud Office (SFO) and...

Unequivocally Equivocal - Case Comment on R-v-Plaku & Ors [2021] EWCA Crim 588

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The recent decision by the Court of Appeal in the case of  R-v-Plaku & Ors [2021] EWCA 568  makes clear that to be entitled to full credit, a plea (or indication) must be unequivocal at the first opportunity - being likely to plead is not...

ADDENDUM PRESS RELEASE: RE HILLSBOROUGH VERDICT

Paul Harris
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Our first press release can be found  here On behalf of Alan Foster: Introduction We of course accept the verdict of the Inquest of unlawful killing. However, this trial was not about how people tragically died on that day. We entirely...

Press Release: Alan Stanley Foster

Paul Harris
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The Ruling and Appendix can be found  here Today, Mr Justice William Davis ruled there was no case to answer Mr Foster's sympathy remains with the families of and those who tragically lost their lives on 15th April 1989.  Such sympathy...

Press Release: What next for those wrongly prosecuted by the Post Office?

Paul Harris
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Judgment on the Post Office Appeals We are pleased that the convictions of our Post Office Appeal clients have finally been quashed today. The Court of Appeal found both categories of abuse in each of their cases. The successful Appeal against the private...

Criminal Damage - A Monumental Shift?

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Proposals are contained at Section 46 of the  Police, Crime, Sentencing and Courts Bill 2021  to allow for specific provision for the prosecution of criminal damage to memorials, to increase sentencing powers and allow for those cases to be tried...

Remote Hearings: an opportunity to modernise the criminal justice system

Paul Harris
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Remote hearings were introduced early in 2020 in response to the COVID-19 pandemic. On 5 January 2021, the Lord Chief Justice  published guidance  in light of the third lockdown and stated that “ No participant in legal proceedings should be...

Press Release: Post Office Appeals

Paul Harris
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Paul Harris and instructed Counsel,  Sam Stein QC  of Nexus Chambers are delighted for our clients Scott Darlington, Rubbina Shaheen and Peter Holmes (deceased) represented by his wife Marion Holmes that the Post Office have indicated that...

Legal 500 2021

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Edward Fail, Bradshaw & Waterson are once again delighted to be ranked as one of the leading firms for general crime in the 2021 edition of Legal 500.  It is testament to the strength and depth of our team, and dedication to providing the...

Paul Harris celebrates 30 years at Edward Fail, Bradshaw & Waterson

Paul Harris
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Today marks thirty years since I started work at Edward Fail, Bradshaw & Waterson Solicitors as a trainee solicitor. My training principal was John Lafferty, who ran the firm for many years before becoming a Crown Court Judge at...

Press Release: Frank Ludlow

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  Mr Ludlow received a 10-month suspended sentence at Portsmouth Crown Court after pleading guilty to breaches of the regulatory regime by manufacturing, possessing and attempting to supply an unauthorised medicinal product labelled as ‘Trinity...

Supporting Young People at the Police Station

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Young people require careful and considered representation at the police station and PACE Codes provide them specific protection whilst in police custody and being questioned by the police. COVID-19 has highlighted the particular need to support young people...

Goodbye Ghosh - Case Comment on Barton & Booth-v-The Queen [2020] EWCA Crim 575

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Last week the Court of Appeal handed down Judgment in the case of Barton & Booth-v-The Queen [2020] EWCA Crim 575 . This Judgment confirmed that the Ghosh Test for ‘dishonesty’ was no longer to be followed in criminal cases, and instead...

Reply to: Judge-only trials would let courts get back to work

Paul Harris
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Reply to:  https://www.thetimes.co.uk/article/judge-only-trials-would-let-courts-get-back-to-work-j2fjp9pxw   In The Times this morning former High Court Judge Sir Richard Henriques advocates that the only way forward in terms of retaining...

Justice in the Toilet

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Subject: Toilet Facilities at Thames Magistrates Court FAO THE CHIEF CLERK   Dear Sir/Madam, On Thursday 12 December 2019 I attended Thames Magistrates Court as an Advocate in order to cover two matters. When I arrived at the court I needed to go...

MISSING PERSONS AD: Where are the Judges?

Paul Harris
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The Criminal Justice System is collapsing for a number of different reasons. One of the main problems though is cases are being constantly delayed and inappropriately put off because of a lack of Judges to try cases. We had a case a listed at the Old...

Stop and search - are the police really allowed to search you for no reason?

Natalie Berman
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Section 60 of the Criminal Justice and Public Order Act 1994 allows a police officer to stop and search you without suspicion. It is different from general stop and search powers where police officers must have reasonable grounds to suspect that you are...

Bye Bye CPR committee

Paul Harris
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So today I say goodbye to the Criminal Procedure Rule Committee after 8 years as one of the 2 solicitor representatives. There are some (even in my office) who are not always that complimentary about this committee and the effect it has had on the Criminal...

Community Protection Notices: should crying be criminal?

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Community Protection Notices (CPN) were introduced under the Anti-social Behaviour, Crime and Policing Act 2014. They enable the police and local authorities to require someone to do (or stop doing) a particular act in order to put an end to conduct which...

Paul Harris to jointly chair An Evening With Sir Brian Leveson QC

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Paul Harris , Managing Partner of Edward Fail, Bradshaw & Waterson will jointly chair An Evening With Sir Brian Leveson QC on Monday 6th February 2017. This event is organised by the London Criminal Courts Solicitors’ Association and will be...

28 Days on Police Bail: Landmark Government pilot or more like a sitcom waiting to happen?

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Over the last few years there has been much coverage in the press about the lengthy periods suspects remain on bail. In particular there have been a number of high profile cases where celebrities have been on bail for many months facing serious allegations...

Shila Keshvari successfully appeals historic sexual offence conviction

Shila Keshvari
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The Court of Appeal has ordered a retrial of Shila Keshvari’s client in a historic sexual offence. The anonymised judgment has been reported and published here, R v VA [2016] EWCA Crim 1434 . Shila Keshvari instructed Mr Joel Bennathan QC of Doughty...

Is social media undermining the case for naming of suspects?

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Almost half the police forces in Britain are refusing to identify suspects for fear of breaching their privacy human rights, it was reported this week. The Daily Mail story prompted outcry — but no less than the recent naming of Lord Bramall...

MOJ admits transcription error wrongly cost leading law firm a legal aid contract

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Ministry of Justice admits transcription error wrongly cost leading criminal law firm a legal aid contract The Legal Aid Agency (LAA), an executive agency of the Ministry of Justice (MoJ), has admitted to a basic transcription error in the marking of a bid...

The Mandatory Criminal Court Charge

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Since April, the Criminal Courts have been told to levy additional charges on convicted offenders for the costs of their court proceedings, with anything from £150 to £1200 being charged. This is in addition to other financial burdens the...

Paul Harris Awarded

Paul Harris
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Paul Harris has been awarded with an honorary  life membership to the London Criminal Courts Association (LCCSA) as a reflection of his outstanding work for the profession and to the LCCSA committee....

EDWARD FAIL BRADSHAW & WATERSON: BAND 1 2016

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EDWARD FAIL, BRADSHAW & WATERSON have been rated a top tier law firm for 2016 Chambers and Partners  have been ranking the best law firms and lawyers since 1990, and now cover 185 jurisdictions throughout the world. Law firms and individual...

The Tuesday Truth 3

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Dear Leaders of The Bar I write this letter out of complete and utter despair.  I write this in the hope of stopping the absurd two pronged attack that criminal solicitors (and to some extent the Junior Bar) are faced with from the MoJ and the...

The Tuesday Truth 2

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The Court charge is now becoming somewhat of a comedy as Her Majesty’s judges do not seem to be taking seriously the laws passed by Her Majesty’s government.  One Judge having apologised to the defendant for having to impose it then ordered...

The Tuesday Truth

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Jeremy Corbyn wasn't everyone's choice of leader, but the sheer size of his victory clearly demonstrates the level of support he enjoys.  Whether you voted or not, whether you welcome his election or not, one...