Tucker Solicitors: Recent Cases

R (on the application of LOTFI RAISSI) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2008) CA (Civ Div) [2008] EWCA Civ 72

Tue, 27 Jul 2010 12:36:57 -0500

Mr Raissi was the first person to be arrested after 9/11 and he was wrongly accused of being involved and further being the Chief Instructor to the hijackers. This case was a judicial review against the Secretary of State’s decision to refuse to consider the client for compensation under the ex gratia compensation scheme which was designed to compensate people who have suffered a miscarriage of justice. The Court ordered the SofS to review his decision and re-determine whether Mr Raissi came within the scheme, either on the basis of his complete exoneration or on the basis that he was the victim of a serious default by the public authorities. The Court was satisfied “that there is a considerable body of evidence to suggest that the police and CPS were responsible for serious defaults”.

COMMISSIONER OF POLICE OF THE METROPOLIS v MR (2008) CA (Civ Div) [2008] EWCA Civ 1237

Tue, 27 Jul 2010 12:35:40 -0500

This case was a claim for damages against the Police Commissioner for false imprisonment and assault. The court held that the test for a lawful arrest was not satisfied if the arresting officer “inferred” that his superior officers, who instructed him to carry out the arrest, must have had reasonable grounds for suspicion, but he was not personally aware of information sufficient to amount to such reasonable grounds at the time. A number of important issues were dealt with at the hearing in the High Court or Court of Appeal including: PII/RIPA arguments, the defence of dictators i.e. ‘Necessity’. The Commissioner has recently been ordered to pay £170,000 of damages to the client.

MOHAMMED AL-GHABRA : R (on the application of HANI EL SAYED SABAEI YOUSSEF) v HM TREASURY (2010) [2010] UKSC 2

Tue, 27 Jul 2010 12:34:46 -0500

This was the first case to be heard in the new Supreme Court in October 2009. Lord Phillips is reported to have chosen the case to be the first because it raised the sort of important constitutional issues that are to define the output of the UKSC.

The Court held that the Terrorism (United Nations Measures) Order 2006 was ultra vires. The Order went beyond what was necessary or expedient for implementing the relevant UNSCRs by providing that a person’s assets could be frozen merely on the basis of a ‘reasonable suspicion’ of involvement in terrorism. The Court also held that the Al-Qaida and Taliban (United Nations Measures) Order 2006 was also ultra vires and should be quashed. The Order provided no means by which a person included on the UN’s Consolidated List could legally challenge the decision to list him as a terrorist in a court.

LOTFI RAISSI v SECRETARY OF STATE FOR JUSTICE (2010) CA (Civ Div) [2010] EWCA Civ 337

Tue, 27 Jul 2010 12:32:25 -0500

This was an application for an enforcement order against the Minister of Justice on the basis that his he was in contempt of the Court of Appeal’s order of 14 February 2008. The Court ordered the Secretary of State to determine whether Mr Raissi was “completely exonerated” of terrorism and eligible for compensation under the ex gratia scheme within 28 days.

Tuckers client acquitted of Ritz Hotel Scam

Tue, 06 Jul 2010 10:19:32 -0500

Allegations that a sophisticated confidence scam to sell the Ritz Hotel in London resulted in an acquittal for Tuckers client Patrick Dolan. However his co defendant was found guilty of the fraud. The allegations focused on the payment of a million pound deposit in order to guarantee the contract for sale of the luxury hotel. The jury agreed that the sale was a scam but acquitted Mr Dolan of any criminal invovlement in the deal. To read about this story in the press click here [link text][1]

[1]: http://news.bbc.co.uk/go/em/fr/-/1/hi/england/10489487.stm >

$100 million "boiler room" fraud

Thu, 01 Jul 2010 07:27:05 -0500

Tuckers is defending a client currently being prosecuted from the Serious Fraud Office (SFO) in relation to the alleged operation of three connected ‘boiler rooms’. The SFO claim that seven defendants conspired together and with others to defraud members of the public who might be induced to invest or did invest in shares. Its case is that a large number of investors were induced through various high pressure sales techniques to part with considerable sums of money, buying shares which were effectively worthless. The total sum the SFO say was invested by UK-based individuals over US $100 million.

HSE v. British Telecom Plc

Thu, 01 Jul 2010 06:57:38 -0500

The Health & Safety Executive instructed Tuckers following its investigation in to an accident at the Canonbury Telephone Exchange. The accident resulted in the death of a gentleman called David Askew.

HSE v. Obioma Chukwudi and Precis Holdings Limited

Thu, 01 Jul 2010 06:54:52 -0500

Tuckers have been retained by the Health & Safety Executive in relation to its prosecution of a company and individual following an accident at Dover House, 141 Morden Road, Mitcham, Surrey CR4 4DG. The accident resulted in the death of a gentleman called Stephen Victor Etu.

HSE v. London Central Bus Company Limited

Thu, 01 Jul 2010 06:51:23 -0500

Tuckers successfully prosecuted the London Central Bus Company Limited on behalf of the Health & Safety Executive following an accident at the New Cross Bus Garage which led to the death of a gentleman called John Ruby.

HSE v. ROK Building Limited

Thu, 01 Jul 2010 06:45:13 -0500

The Health and Safety Executive instructed Tuckers to prosecute ROK Building Limited following an accident on an airbridge at Terminal 4 of Heathrow Airport. The accident resulted in the serious injury of a gentleman called Keith Sterry.

HSE v. Nadeem Aftab

Thu, 01 Jul 2010 06:40:46 -0500

Tuckers have been instructed to act on behalf of the Health and Safety Executive in relation to its prosecution following an accident at 27 Wilton Row, London, SW1X 7NS on the 13th June 2007. The accident occurred during excavation of a basement at the site and resulted in the death of Mr. Arlindo Visentin.

Tuckers defend Governor's wife

Thu, 01 Jul 2010 06:36:26 -0500

Tuckers has been instructed to defend Theresa Ibori against claims that she help launder the proceeds of her husband's alleged criminality in Nigeria.

In 1999 James Ibori was elected Governor of the oil-rich Delta State in Nigeria, and the Crown's case is that he subsequently obtained sums of money that were out of all proportion with any income he would have legitimately received from that office and out of all proportion with the money he had at the start of his Governorship.

Tuckers client wins right to appeal in torture case

Thu, 01 Jul 2010 06:05:29 -0500

Tuckers client Habib Ahmed has won the right to appeal against his conviction for membership of Al qaeda. He was co defendant to Rangzieb Ahmed who was tortured while detained in Pakistan. Both were granted leave to appeal their convictions following arguments that British complicity in his unlawful detention and torture by Inter Services Intelligence in Pakistan was so great that the convictions should be overturned. Habib Ahmed also argued that the jury at his trial recieved insufficient guidance on the definition of "membership" of Al qaeda.

Read about this case in the press here

Aylesbury Prison Mutiny

Thu, 17 Jun 2010 06:28:44 -0500

Tuckers act for clients alleged to have led a Prison mutiny at HMYOI Aylesbury on 8 December 2008. Over 70 prisoners said to be involved.It is alleged that it started with a fight between 2 inmates. Officers intervened and then left due to safety reasons.A variety of weapons were recovered: knives, scissors, metal poles with sharpened ends screwdrivers.The damage estimated at £70k

Conspiracy to sell the Ritz Hotel

Thu, 17 Jun 2010 06:07:08 -0500

Tuckers Partner Richard Egan and solicitor Claire Tyler currently act for an individual who is being prosecuted by the SFO for allegedly fraudulently attempting sell the Ritz Hotel in London.

The allegations centre on an alleged conspiracy between lawyers, property developers and unknown companies in foreign jurisdictions to offer this marquee site in London for sale in order to (successfully) obtain illegal down payments of over a million pounds. The investigation centres on claims of a deliberate and sophisticated conspiracy and counterclaims of corruption and counter conspiracies.

The reporting of this case can be found by clicking here.

Tuckers' client Jack Tweed acquitted of all charges

Wed, 21 Apr 2010 11:38:44 -0500

Tuckers Solicitors succesfully represent Jack Tweed in his acquittal on charges of rape. Speaking following the acquittal Jack's lawyer, Philip Smith said, "The fact that the jury had only to consider their verdict for a matter of minutes before acquitting Jack speaks volumes. Jack has always vehemently protested his innocence and I and he are delighted that he has been cleared in such a comprehensive manner."

As reported in the national press Tuckers solicitors have represented Jack Tweed at his trial in defending an allegation of rape."

Tuckers Represent Millwall Football Club

Tue, 23 Feb 2010 04:26:38 -0600

We recently successfully represented Millwall FC in a prosecution brought by the Football Association against the club and West Ham Utd following a Carling Cup match in which there were allegations of racist abuse, missile throwing and fans encroaching on the pitch. The disturbances were well publicised.

Our representation was praised as "superb" by the club's chairman who commented on the case in their recent match day programme on 16th January 2010 as follows:

Justice Prevails. I would like to start with the obvious, I am delighted with the verdict of the FA’s Independent Commission. This Commission chaired by a leading QC, examined in minute detail the events of that evening and having left no stone unturned found Millwall Football Club not guilty of any offence with which the FA charged us. The Board’s decision to defend Millwall’s honour and hire excellent legal advice was both an expensive and risky proposition. We deemed it critical that we prove our case or else our future disappeared. Now that we have succeeded we must not waste this opportunity. Everyone who is part of the Millwall family must get on board and continue the task of changing people’s negative perceptions of our Club. There are many people to thank for their support in this process. Our legal team of Jim Sturman QC and Richard Egan of Tucker’s Solicitors were superb.

Tuckers act in successful in defence of Usman Saddique

Tue, 23 Feb 2010 03:40:32 -0600

Tuckers acted in the successful defence of Usman Saddique against allegations of involvement in the commission, preparation and instigation of acts of terrorism.

The case attracted widespread media attention, particularly in relation to the powers of the executive.

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Successful murder appeal

Tue, 23 Feb 2010 03:23:12 -0600

Richard Egan recently acted in the successful appeal against the conviction for murder of a Mr Martin Inglis.

Mr Inglis's case went to a full hearing at the court of appeal, where it was successfully argued that his conviction was unsafe due to flawed medical evidence at the first trial. The issues were complex and related to the difficulties of properly diagnosing Bi Polar disorder, and the effects that illness would have on the mental responsibility of a sufferer.

Mr Inglis has been granted a re- trial which is due to be heard in September this year.

The Hamill Inquiry

Tue, 23 Feb 2010 03:20:58 -0600

Jim Meyer currently acts in an advisory capacity to a team defending a police officer in one of the longest running and most complex public inquiries in Northern Ireland. The scope of the investigation is defined so as to determine whether any wrongful act or omission by or within the Royal Ulster Constabulary facilitated the death of a man named Robert Hamill, or obstructed the investigation of it.