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    <title>Tucker Solicitors: Recent Cases</title>
    <link>http://www.tuckerssolicitors.net/news/recent-cases</link>
    <description></description>
    <pubDate>Sat, 28 Jan 2012 14:14:39 -0600</pubDate>
    <managingEditor>webmaster@tuckersolicitors.com (Tuckers Solicitors)</managingEditor>
    <language>en</language>
    <item>
      <title><![CDATA[HSE v. Messier Services Ltd]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-messier-services-ltd</link>
      <description><![CDATA[<p>Tuckers Solicitors successfully a prosecuted aircraft maintenance company on behalf of HSE after a worker suffered injuries to his face and knees when he fell two metres in a maintenance hangar at Heathrow Airport.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers Solicitors successfully a prosecuted aircraft maintenance company on behalf of HSE after a worker suffered injuries to his face and knees when he fell two metres in a maintenance hangar at Heathrow Airport.</p>

<p>John Nicholas, 59, from Gloucester, was employed by aircraft maintenance company Messier Services Ltd, and was replacing the landing gear at the front of an A340 aircraft when the incident happened.</p>

<p>An investigation by the Health and Safety Executive (HSE) found Mr Nicholas and a colleague were using a fork lift truck in an attempt to align the barrel of the main landing gear fitting with the socket on the underside of the aircraft.</p>

<p>During the operation Mr Nicholas realised the alignment was not correct and in an attempt to correct it kneeled down on an unsecured pallet designed to support the landing gear, two metres above the floor.</p>

<p>However, the forklift truck supporting the pallet reversed suddenly causing the pallet to drop to the floor. Mr Nicholas fell with the pallet, fracturing his knee cap and suffering significant injuries to the left side of his face. Since the incident he has needed a number of operations to his mouth and teeth.</p>

<p>The HSE investigation found the work was not properly planned and the pallet being used did not have a proper adjustment to help align the landing gear and the socket on the underside of the aircraft.</p>

<p>Messier Services Ltd, which has its UK offices in Meteor Business Park, Cheltenham Road East, Gloucestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.</p>

<p>It was fined £7,200 and ordered to pay costs of £11,820 at the City of London Magistrates' Court today.</p>

<p>Following sentencing HSE inspector Steve Kirton said:</p>

<p>"This company did not properly plan this work even though it was a core part of its operations.  Mr Nicholas has suffered severe injuries to his face and knees purely due to a lack of planning.</p>

<p>"Messier should have either found a way working at ground level or provided a safe way of working at height with access to the right equipment.</p>

<p>"Employers need to plan work and assess the risk to people not only in their own premises, but also when the work takes place in another company's property."</p>
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      <pubDate>Sat, 28 Jan 2012 14:14:39 -0600</pubDate>
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    <item>
      <title><![CDATA[HSE v. Sir Robert McAlpine Ltd, Skanska Utilities Ltd and Maylim Ltd]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-sir-robert-mcalpine-ltd-skanska-utilities-ltd-and-maylim-ltd</link>
      <description><![CDATA[<p>Tuckers acted for HSE in relation to its prosecution of three construction companies after a worker helping build Arsenal’s Ashburton Grove stadium was injured so badly, his leg had to be amputated.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers acted for HSE in relation to its prosecution of three construction companies after a worker helping build Arsenal’s Ashburton Grove stadium was injured so badly, his leg had to be amputated.</p>

<p>A dumper truck drove over the right leg of Michael O’Donovan, 41, from Bromley, while he was kneeling to clean steel ‘shuttering’ used to form reinforced structures and pillars.</p>

<p>His injuries were so severe his leg required amputation above the knee. His pelvis was also fractured in the incident on 30 June 2005.</p>

<p>Principal contractor Sir Robert McAlpine Limited and sub-contractors McNicholas Plc (now Skanska Utilities Ltd) and Maylim Limited were all prosecuted by the Health and Safety Executive (HSE) over the incident.</p>

<p>The City of London Magistrates’ Court heard the HSE investigation showed all three companies had failed to ensure vehicles and pedestrians were properly segregated on site.</p>

<p>It also found the cleaning of shuttering was neither properly planned nor carried out safely.</p>

<p>Following the hearing HSE inspector Loraine Charles said:</p>

<p>"Traffic needs to be managed effectively on all construction sites. Had proper controls been in place, this appalling incident would never have happened. As it is, Michael O’Donovan has suffered a severe injury and his life has been changed for ever.</p>

<p>"At construction sites, workers and vehicles need to be separated wherever reasonably practicable. There was no demarcation between the route the dumper took and areas where people could work or were working on this site. </p>

<p>"None of these three companies had carried out a meaningful assessment of the risk to workers of being struck by plant in general and the dumper in particular."</p>

<p>Sir Robert McAlpine Limited, of Maylands Avenue, Hemel Hempstead, admitted breaching Section 3(1) of the Health and Safety at Work etc. Act 1974  and was fined £19,000 and ordered to pay costs of £10,000.</p>

<p>Sub-contractor Skanska Utilities Limited, of Denham Way, Maple Cross, Rickmansworth, admitted breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £17,000 and ordered to pay costs of £10,000.</p>

<p>Maylim Limited, of Evans Avenue, Watford - sub-contracted by McNicholas Plc to undertake the work on the South Bridge area of the site - pleaded guilty to the same breach and was fined £18,000 and ordered to pay costs of £10,000.</p>
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      <pubDate>Sat, 28 Jan 2012 14:09:12 -0600</pubDate>
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    <item>
      <title><![CDATA[HSE v. Mansell Construction Services Ltd & Woodlands Plant Hire Ltd]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-mansell-construction-services-ltd-woodlands-plant-hire-ltd</link>
      <description><![CDATA[<p>Tuckers successfully prosecuted a plant hire company and a construction services firm on behalf of HSE following the exposure of employees and members of the public to asbestos.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers successfully prosecuted a plant hire company and a construction services firm on behalf of HSE following the exposure of employees and members of the public to asbestos.</p>

<p>An investigation by the Health and Safety Executive (HSE) found Mansell Construction Services Ltd of Croydon and sub-contractor Woodlands Plant Hire Ltd of Ickleton, South Cambridgeshire, put workers and the public at risk by failing to properly manage the presence of asbestos during the refurbishment of a residential block of flats, between 24 November and 8 December 2009.</p>

<p>During the work in an occupied London Borough of Hackney block of flats, asbestos insulation board was disturbed and removed by unlicensed contractor, Woodlands Plant Hire Ltd, potentially releasing the deadly substance into the air.</p>

<p>A previous survey, identifying the presence of asbestos insulation board in a number of the properties, had been provided to Mansell, but had not been acted upon or passed to their sub-contractors.</p>

<p>Mansell Construction Services Ltd pleaded guilty and was fined £50,000 at the Old Bailey for breaching Regulation 22(1)(a) Construction (Design and Management) Regulations 2007.</p>

<p>Woodlands Plant Hire Ltd pleaded guilty of breaching regulations 5, 8(1) and 11(a) of the Control of Asbestos Regulations 2006, and was fined £50,000. The companies were ordered to pay joint costs of £20,690.</p>

<p>HSE Inspector Dominic Ellis said:</p>

<p>"Despite recent high profile campaigns on the dangers of working with asbestos, this case sadly illustrates some companies are still failing to manage the risks robustly.</p>

<p>"Mansell had information that asbestos was present, yet neglected to act on it, meaning a licensable asbestos material was removed in an uncontrolled manner, needlessly risking the health of contractors and members of the public."</p>

<p>Asbestos-related diseases are responsible for around 4,000 deaths a year. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase your chances of getting an asbestos-related disease.</p>
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      <pubDate>Sat, 28 Jan 2012 14:05:47 -0600</pubDate>
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      <title><![CDATA[HSE v. Hydro Plant Ltd and Michael Cunningham]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-hydro-plant-ltd-and-michael-cunningham</link>
      <description><![CDATA[<p>Tuckers acted on behalf of HSE in relation to its prosecution of Hydro Plant Limited and Michael Cunningham after a foreman died when an excavator bucket filled with concrete fell on him at a London construction site.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers acted on behalf of HSE in relation to its prosecution of Hydro Plant Limited and Michael Cunningham after a foreman died when an excavator bucket filled with concrete fell on him at a London construction site.</p>

<p>Gerry Fox, a general foreman for Euro Earthworks Ltd, was crushed by an excavator bucket when it fell from the arm of the 12 tonne excavator being driven by a colleague.</p>

<p>The Health and Safety Executive (HSE) prosecuted Hydro Plant Ltd, the plant hire company which had provided the excavator and Michael Cunningham, the excavator operator, for safety breaches after the August 2007 incident.</p>

<p>City of London Magistrates' Court heard that on 28 August 2007, Mr Cunningham, who now lives in Eastbourne, failed to manually insert a pin into the 'quick hitch' (a device attached to the excavator arm used for the rapid changing of attachments) which was necessary to safely lock the bucket in place.</p>

<p>HSE's investigation found Mr Cunningham failed to take reasonable care for the health and safety of fellow employees by positioning the bucket, which was filled with concrete, directly over Mr Fox and site supervisor Tim McCarthy who narrowly missed being hit by the bucket.</p>

<p>The court heard Hydro Plant Ltd did not have a suitable regime of inspection for the plant it hired out to ensure safety conditions were maintained. It also supplied the equipment without adequate safety warning signs, written information and instructions or CE marking.</p>

<p>Euro Earthworks Ltd failed to adequately plan, manage and monitor the construction work, while Hydro Plant Ltd neglected to ensure the quick hitch and all attachments supplied with the excavator were maintained in an efficient state, working order and in good repair.</p>

<p>Magistrates also heard HSE issued advice on the safe use of quick hitches on excavators in March 2007. Euro Earthworks Ltd was aware of this advice and had made amendments to its written risk assessment, but still failed to take reasonably practicable steps that would have prevented the incident.</p>

<p>HSE Inspector Loraine Charles said:</p>

<p>"This tragic incident was entirely preventable. There had already been a significant number of incidents involving buckets becoming detached from quick hitches, in particular semi-automatic quick hitches where operators had failed to insert the safety pin.</p>

<p>"Mr Cunningham can have been in no doubt that he should not have operated the excavator without the quick hitch's safety pin in place and that he should not have manoeuvred the bucket over people. As hirers of the work equipment, Hydro Plant Ltd should clearly have paid much closer attention to the requirements placed upon them by health and safety law to ensure that use of the equipment was safe.</p>

<p>Hydro Plant Ltd, of Wadsworth Close, Greenford, Brent pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £7,000 ordered to pay costs of £10,000</p>

<p>Michael Denis Cunningham, of Latimer Road, Eastbourne pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. He was fined £700 and ordered to pay costs of £1,000</p>
]]></content:encoded>
      <pubDate>Sat, 28 Jan 2012 14:01:44 -0600</pubDate>
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    <item>
      <title><![CDATA[HSE v. Euro Earthworks Limited]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-euro-earthworks-limited</link>
      <description><![CDATA[<p>Tuckers Solicitors successfully prosecuted a company on behalf of HSE following an incident where a foreman died when an excavator bucket filled with concrete fell on him at a London construction site.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers Solicitors successfully prosecuted a company on behalf of HSE following an incident where a foreman died when an excavator bucket filled with concrete fell on him at a London construction site.</p>

<p>Euro Earthworks Ltd general foreman, Gerry Fox, was crushed by an excavator bucket in August 2007 when it fell from the arm of the 12 tonne excavator being driven by a colleague.</p>

<p>Euro Earthworks Ltd, of Boston Manor, Brentford, Hounslow was convicted of a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 in connection with the tragedy and fined £20,000 and ordered to pay costs of £13,000.</p>

<p>City of London Magistrates' Court was told by the Health and Safety Executive (HSE) prosecuting, that Euro Earthworks Ltd failed to adequately plan, manage and monitor the construction work on site.</p>

<p>Fellow defendants Hydro Plant Ltd, of Wadsworth Close, Greenford, Brent and Michael Denis Cunningham, of Latimer Road, Eastbourne were sentenced for separate breaches at an earlier hearing in May 2011.</p>

<p>On 28 August 2007, a pin into the 'quick hitch' (a device attached to the excavator arm used for the rapid changing of attachments) which was necessary to safely lock the excavator bucket in place was not inserted, causing the bucket to fall on Mr Fox.</p>

<p>HSE's investigation found reasonable care was not taken for the health and safety of fellow employees by positioning the bucket which was filled with concrete, directly over Mr Fox and site supervisor Tim McCarthy who narrowly missed being hit by the bucket.</p>

<p>Magistrates also heard HSE issued advice on the safe use of quick hitches on excavators in March 2007. Euro Earthworks Ltd was aware of this advice and had made amendments to its written risk assessment, but still failed to take reasonably practicable steps that would have prevented the incident.</p>

<p>HSE Inspector Loraine Charles said:</p>

<p>"This tragic incident was entirely preventable. There had already been a significant number of incidents involving buckets becoming detached from quick hitches, in particular semi-automatic quick hitches where operators had failed to insert the safety pin.</p>

<p>"Mr Cunningham can have been in no doubt that he should not have operated the excavator without the quick hitch's safety pin in place and that he should not have manoeuvred the bucket over people."</p>
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      <pubDate>Sat, 28 Jan 2012 13:58:19 -0600</pubDate>
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      <title><![CDATA[HSE v. Dan Shea]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-dan-shea</link>
      <description><![CDATA[<p>Tuckers Solicitor acted on behalf of HSE in relation to its prosecution of a Hampshire roofing boss after workers were spotted removing roof tiles without scaffolding or safety barriers to prevent them falling.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers Solicitor acted on behalf of HSE in relation to its prosecution of a Hampshire roofing boss after workers were spotted removing roof tiles without scaffolding or safety barriers to prevent them falling.</p>

<p>Dan Shea, who also traded as Blackmoor Roofing, of Liss bought used roof tiles from a demolition company dismantling a house in Esher, Surrey on the understanding his firm would remove them before the building was dismantled.</p>

<p>The Health and Safety Executive (HSE) told Staines Magistrates’ Court that on 8 February 2010, a neighbour who lived opposite the property in Wayneflete Tower Avenue, witnessed workmen removing roof tiles from the house in an unsafe manner and alerted HSE.</p>

<p>One man was reportedly standing on the wet roof with no safety barriers or scaffolding, another was in the raised bucket of a digger taking tiles from the roof, while a third was on top of a long ladder throwing wall tiles down to ground level.</p>

<p>HSE discovered Mr Shea had sent three Polish labourers to the property to remove the tiles, though he later claimed they started work earlier than agreed. HSE has been unable to contact any of the workers since the incident.</p>

<p>The court heard HSE attempted to reach Mr Shea on more than five occasions to discuss the incident but he failed to answer correspondence, phone calls or attend interviews to discuss the matter.</p>

<p>Mr Shea of Blackmoor Roofing, based at Petersfield Road, Greatham, Liss, Hampshire pleaded guilty to breaching regulation 25(1) of the Construction (Design and Management) Regulations 2007. He was fined £10,000 and ordered to pay costs of £6,497.</p>

<p>Denis Bodger HSE's Inspector said:</p>

<p>“It is incredible that Mr Shea’s workers were using an excavator bucket to get onto a wet roof and were allowed to remove tiles without anything to prevent them from falling. In this instance the risk of falling was also increased by the fact that it was wet from rain and sleet.</p>

<p>“Falls from height are among the biggest causes of workplace deaths in the UK. Roofing firms should have safe systems in place to protect employees and sub-contractors. HSE will not hesitate to prosecute companies that workers or members of the public at risk.”</p>
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      <pubDate>Sat, 28 Jan 2012 13:56:05 -0600</pubDate>
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      <title><![CDATA[HSE v. Brendan Flyn Construction Limited]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-brendan-flyn-construction-limited</link>
      <description><![CDATA[<p>Tuckers Solicitors successfully prosecution a Harrow construction firm on behalf of HSE after poorly secured panelling fell from a building under refurbishment and injured two passers-by.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers Solicitors successfully prosecution a Harrow construction firm on behalf of HSE after poorly secured panelling fell from a building under refurbishment and injured two passers-by.</p>

<p>Brendan Flynn Construction Limited was sub-contracted to carry out carpentry work on a residential project in Crawley.</p>

<p>Crawley Magistrates' Court heard how the cladding the firm was using on Peglar House in the borough was not effectively secured, which resulted in it being blown off the building to the pavement below.</p>

<p>One piece struck a pensioner on the ankle, causing serious injury. The woman, who was in her eighties, was hit so hard by the cladding it almost severed her foot. Another piece of cladding hit a passing man causing bruising from wrist to shoulder.</p>

<p>During the Health and Safety Executive (HSE) prosecution, the court heard how a number of vehicles in a nearby supermarket car park and busy road were also struck on the same day, 3 November 2009.</p>

<p>HSE told the court that Brendan Flynn Construction Limited had failed to use the correct nails to safely secure the cladding product.</p>

<p>HSE Inspector Russell Beckett said:</p>

<p>"Brendan Flynn Construction Limited used a specialist cladding product but did not use the correct fittings. It is basic practice for a carpentry firm to get this right. The incident had horrendous consequences, which could have been far worse. However, that will be little consolation to the injured parties.</p>

<p>"This case serves as a warning to other companies that HSE will not hesitate to prosecute companies who fail to follow the correct safety procedures."</p>

<p>Brendan Flynn Construction Limited, of Watford Road, Northwood, Harrow, today pleaded guilty of contravening section 3(1) of the Health and Safety at Work etc Act 1974 (8 June). The company was fined a total of £8,000 and ordered to pay costs of £14,760.</p>
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      <pubDate>Sat, 28 Jan 2012 13:53:52 -0600</pubDate>
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      <title><![CDATA[HSE v. Foxtel Limited]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-foxtel-limited</link>
      <description><![CDATA[<p>Tuckers successfully prosecuted the satellite TV specialist Foxtel Ltd on behalf of HSE after a dish installer fell 13.5 metres to his death.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers successfully prosecuted the satellite TV specialist Foxtel Ltd on behalf of HSE after a dish installer fell 13.5 metres to his death.</p>

<p>Engineer Noel Corbin, 29, from New Addington, Croydon, suffered fatal head injuries after falling from a four-storey house onto a patio in Belsize Park, London on 3 February 2008.</p>

<p>The Old Bailey heard safety equipment found in Corbin’s van was unsuitable for the type of work he was undertaking.</p>

<p>A Health and Safety Executive investigation after the incident exposed a number of failings at Foxtel Ltd including failure to ensure work at height was properly planned, organised and monitored.</p>

<p>The court was told when Corbin was first employed by Foxtel Ltd, references were not sourced from his previous employer, nor were any training certificates provided.</p>

<p>Foxtel Ltd, based in Wates Way, Brentwood, Essex, pleaded guilty to safety breaches.</p>

<p>Charles Linfoot, HSE inspector, said: ”Owing to the foreseeable risk of falling and the lack of suitable access equipment, the work should have been cancelled.</p>

<p>“Foxtel should have carried out a full site-specific risk assessment, planning and organising the work to be executed in a safe manner. It is not acceptable to simply delegate health and safety duties to employees without adequate instruction, training, monitoring or supervision.”</p>
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      <pubDate>Sat, 28 Jan 2012 13:41:34 -0600</pubDate>
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      <title><![CDATA[HSE v. James Long]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/hse-v-james-long</link>
      <description><![CDATA[<p>Tuckers act on behalf of HSE in relation to the prosecution of  Croydon landlord after five of his tenants needed hospital treatment for carbon monoxide poisoning.</p>
]]></description>
      <content:encoded><![CDATA[<p>Tuckers acted on behalf of HSE in relation to its prosecution of a Croydon landlord after five of his tenants needed hospital treatment for carbon monoxide poisoning.</p>

<p>City of London Magistrates' Court heard that on 4 March 2009 ambulance and fire crews were called to an address in Elgin Road, Croydon, where they found several people suffering flu-like symptoms and dizziness. One tenant thought he was having a heart attack.</p>

<p>Five residents were taken from the property, belonging to landlord James Long, to Princess Royal University hospital suffering from carbon monoxide poisoning. Three needed to be transferred to Whipps Cross hospital for specialist hyperbaric treatment.</p>

<p>The Health and Safety Executive (HSE) investigation found Mr Long did not have a landlord's gas safety certificate covering the property, meaning the gas hob, boiler and flue had not been inspected by a qualified gas engineer.</p>

<p>It was discovered the carbon monoxide was coming from a gas boiler in the cellar and gas engineers found a taped-up air vent had led to insufficient fresh air coming into the cellar.</p>

<p>Speaking after the hearing, HSE Inspector Matthew Raine said:</p>

<p>"This carbon monoxide poisoning could easily have been fatal. If Mr Long had fulfiled his legal obligation to get the property inspected, he would have been made aware just how dangerous it was for the air vent to be taped-up. Mr Long disregarded his landlord duties and put his tenants at grave risk.</p>

<p>"Every year, around 20 people die and many others suffer ill-health from carbon monoxide poisoning. Landlords who put their tenants in danger will be prosecuted."</p>

<p>Mr Long of Elgin Road, Croydon, pleaded guilty to breaching Regulation 36(3)(a) of the of the Gas Safety (installation and Use) Regulations 1998. He was fined a total of £24,000 and ordered to pay costs of £6,000.</p>
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      <pubDate>Sat, 28 Jan 2012 13:38:27 -0600</pubDate>
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      <title><![CDATA[Music promoter acquitted of large scale supply of Class A drugs]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/music-promoter-acquitted-of-large-scale-supply-of-class-a-drugs</link>
      <description><![CDATA[<p>Aaron Simpson Acquitted</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith acting on behalf of Aaron Simpson, the music promoter acquitted of large scale supply of Class A drugs</p>
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      <pubDate>Fri, 02 Dec 2011 10:49:58 -0600</pubDate>
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      <title><![CDATA[Jack Tweed Acquitted]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/jack-tweed-acquitted</link>
      <description><![CDATA[<p>Jack Tweed Acquitted of Rape</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith representing Jack Tweed who has been acquitted of rape.</p>

<p><a href="http://news.bbc.co.uk/1/hi/england/essex/8644486.stm">link text</a></p>
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      <pubDate>Fri, 02 Dec 2011 10:42:51 -0600</pubDate>
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      <title><![CDATA[Musician charged with two counts of rape]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/musician-charged-with-two-counts-of-rape</link>
      <description><![CDATA[<p>Tuckers Representing 'Aggro' Santos</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith representing musician Yuri 'Aggro' Santos charged with two counts of rape. </p>

<p><a href="http://www.dailymail.co.uk/news/article-2035603/Aggro-Santos-charged-raping-women.html">link text</a></p>
]]></content:encoded>
      <pubDate>Fri, 02 Dec 2011 10:41:23 -0600</pubDate>
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      <title><![CDATA[Tuckers Represent Premier League Footballer Charged with Sexual Assault]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/tuckers-represent-premier-league-footballer-charged-with-sexual-assault</link>
      <description><![CDATA[<p>Tuckers Acting for Titus Bramble</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith representing Premier League footballer Titus Chamble who has charged with sexual assault. </p>

<p><a href="http://www.dailymail.co.uk/sport/football/article-2054645/Titus-Bramble-charged-sexual-assault-urinating-street.html">link text</a></p>
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      <pubDate>Fri, 02 Dec 2011 10:39:46 -0600</pubDate>
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      <title><![CDATA[Alleged Corruption and Profiteering]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/alleged-corruption-and-profiteering</link>
      <description><![CDATA[<p>Alleged Corruption and Profiteering at Copeland School</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith successfully represented two school Governors investigated for alleged corruption and profiteering from the State education system in relation to a high achieving North London School and, following a protracted investigation, no criminal charges were brought. </p>

<p><a href="http://www.thisislondon.co.uk/standard/article-23714708-schools-spent-30k-on-parties-as-classrooms-crumbled.do">link text</a></p>
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      <pubDate>Fri, 02 Dec 2011 10:37:47 -0600</pubDate>
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      <title><![CDATA[Tuckers Instructed in Boiler Room Fraud]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/tuckers-instructed-in-boiler-room-fraud</link>
      <description><![CDATA[<p>R v Whetstone - Boiler room fraud</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith representing two defendants accused of the mis-selling of shares by cold calling vulnerable investors, in an international fraud stretching from the City, Europe and North America.</p>
]]></content:encoded>
      <pubDate>Fri, 02 Dec 2011 10:35:28 -0600</pubDate>
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      <title><![CDATA[Tuckers Partner Advising in Biggest Criminal Case in Gibraltarian History]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/tuckers-partner-advising-in-biggest-criminal-case-in-gibraltarian-history</link>
      <description><![CDATA[<p>R v Isaac Marrache and others</p>
]]></description>
      <content:encoded><![CDATA[<p><a href="http://www.thejc.com/news/uk-news/31994/lawyers-face-%C2%A334m-fraud-investigation">link text</a></p>
]]></content:encoded>
      <pubDate>Fri, 02 Dec 2011 10:33:50 -0600</pubDate>
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      <title><![CDATA[Nicolas Levene - alleged £250m ponzi scheme]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/nicolas-levene-alleged-250m-ponzi-scheme</link>
      <description><![CDATA[<p>City financier alleged to have created a £250 million Ponzi scheme</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith instructed to act on behalf of Nicolas Levene, the city financier alleged to have created a £250 million Ponzi scheme.</p>

<p><a href="http://www.guardian.co.uk/business/2011/mar/04/serious-fraud-office-nicholas-levene">link text</a></p>
]]></content:encoded>
      <pubDate>Fri, 02 Dec 2011 10:31:31 -0600</pubDate>
    </item>
    <item>
      <title><![CDATA[Neil Wallis- Leveson Inquiry and Criminal Investigation]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/neil-wallis-leveson-inquiry-and-criminal-investigation</link>
      <description><![CDATA[<p>Former Deputy Editor of NoW accused of phone hacking</p>
]]></description>
      <content:encoded><![CDATA[<p>Philip Smith instructed to act on behalf of Neil Wallis, the former deputy-editor of the News of the World.</p>

<p>http://www.telegraph.co.uk/news/uknews/phone-hacking/8642818/Phone-hacking-Sir-Paul-Stephenson-faces-questions-of-health-spa-stay.html</p>
]]></content:encoded>
      <pubDate>Fri, 02 Dec 2011 10:29:08 -0600</pubDate>
    </item>
    <item>
      <title><![CDATA[Firearms Appeal]]></title>
      <link>http://www.tuckerssolicitors.net/news/recent-cases/firearms-appeal</link>
      <description><![CDATA[<p>An appeal against conviction on firearms offences resulted in a reduced minimum term of imprisonment as the court of appeal confirmed that an anonymous witness not present at the offence could not give evidence.</p>
]]></description>
      <content:encoded><![CDATA[<p>A Tuckers client's appeal was successful in the quashing of a conviction of  possesion of a firarm with intent and conspiracy to pervert the course of justice, resulting in a reduced minimum term sentence on the other points. The appeal point was that evidence from a witness that is not only absent but also anonymous is inadmissable. Anonymous witness evidence is only admissable if it falls within the Criminal Evidence (Witness Anonymity) Act 2008 ( ie is a witness who will be called to give evidence) [or that Act's successor], and is not admissable under s114(1)(d) Criminal Justice Act 2003. In this case the evidence of an unidentified witness who said " I heard shots and saw them get into this car", providing a written note of the number plate was the evidence that the Court of Appeal deemed inadmissable.</p>
]]></content:encoded>
      <pubDate>Tue, 10 Aug 2010 11:25:03 -0500</pubDate>
    </item>
    <item>
      <title><![CDATA[R (on the application of LOTFI RAISSI) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2008) CA (Civ Div)  [2008] EWCA Civ 72 ]]></title>
      <link>http://www.tuckerssolicitors.net/news/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</link>
      <description><![CDATA[<p>Case brought on behalf of individual wrongly accused of training the 9/11 hijackers</p>
]]></description>
      <content:encoded><![CDATA[<p>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”.  </p>
]]></content:encoded>
      <pubDate>Tue, 27 Jul 2010 12:36:57 -0500</pubDate>
    </item>
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