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Tom Aitken

Year of call: 2011

Education:

BPTC, City University

LL.M in International Criminal Justice, University of Kent

LL.B (Hons), University of Kent

Areas of work:

Profile:

Prior to joining Chambers Tom worked in-house for a niche barrister-only law firm specialising in all aspects of immigration law. Tom has over 14 years experience in immigration law, having worked in solicitors’ firms specialising in this area. As part of his practice, Tom regularly appears before the First-tier Tribunal and Upper Tribunal (IAC) in a wide range of cases, including asylum, family migration, European free movement and human rights.

Tom is a public access barrister and is able to accept instructions directly from members of the public in suitable cases. Tom recently assisted an individual to successfully apply for indefinite leave to remain as a Tier 2 (General) Migrant.

In addition to immigration law, Tom also has a keen interest in criminal law. Since joining 9KBW Tom as developed a fast expanding criminal practice and regularly appears in the Magistrates and Crown Courts.  

Recent cases

 

Immigration

MM v Secretary of State for the Home Department

Successfully challenged a decision of the Secretary of State to refuse asylum to a victim of trafficking.

AN v Secretary of State for the Home Department

Successfully persuaded a Judge of the First-tier Tribunal that removal from the UK would amount to an unlawful interference with AN’s right to family life on the basis of a relationship with a British citizen.

HG v Secretary of State for the Home Department

Obtained immigration bail for a detainee who had been assessed as posing a medium risk of re-offending upon release.

 

Crime

R v S (Croydon Crown Court)

Currently instructed to defend S who has been charged with assault occasioning actual bodily harm.

R v W (Lavender Hill Magistrates)

Successfully persuaded the Magistrates that a totting disqualification would amount to ‘exceptional hardship’. The defendant was an elderly person who relied on their ability to drive to maintain their independence.

R v D (Hammersmith Magistrates Court)

Represented a defendant charged with assault by beating. The defendant was acquitted following a trial.

R v G (Bromley Magistrates Court)

Successfully defended an allegation of breach of bail conditions by having failed to comply with a curfew requirement.  

NPS v B (Blackfriars Crown Court)

Successfully prosecuted a breach of a suspended sentence order on behalf of the National Probation Service.

 

Interests

Outside the law, Tom enjoys spending time with his family, travelling and is a keen motorcycle enthusiast.

 

Professional memberships

Lincoln’s Inn

Mr Tom Aitken is regulated by the Bar Standards Board, holds a current practising certificate and his details can be found on the BSB’s Barrister Register https://www.barstandardsboard.org.uk/regulatory-requirements/the-barristers'-register/

Mr Tom Aitken holds insurance cover for all legal services supplied through professional indemnity insurance with the Bar Mutual Indemnity Fund (BMIF) The coverage is worldwide subject to their terms which are available on their website https://www.barmutual.co.uk/

Mr Tom Aitken is registered with the Information Commissioners office under the Data Protection Act https://ico.org.uk/

If you are not satisfied with the service that Mr Tom Aitken provides you can make a complaint to Chambers. Information on Chambers Complaints Procedure is available on Chambers website www.9kbw.com/about-us/complaints-procedure

If you are not satisfied with the response you receive from Chambers you may complain to the Legal Ombudsman (This must be done within the time limits set out) The contact details can be found on the Legal Ombudsman’s website  http://www.legalombudsman.org.uk/   

 

A copy of Mr Tom Aitken's Privacy Notice with details of his Privacy Policy can be found by Clicking Here

News

9 KBW is delighted to announce success by four members in their applications to join the Regulatory Panel, Level C, for Health and Safety and Environmental Law.
It is with enormous pleasure that we announce that Counsel Ben Edwards, Sophie Quinton-Carter, Claire Stevenson and Charles Drinnan have been successful in their applications to join the Regulatory Panel for Health and Safety and Environmental Law.

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9KBW welcomes new tenant, Maria Buckingham
Maria Buckingham, following the successful completion of her pupillage at 9 KBW, has joined us as a tenant from March 2019

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Sophie Kay explores the landmark appeal by Sally Challen of her murder conviction in a two-part series of articles.
Sophie Kay explores the landmark appeal by Sally Challen of her murder conviction in a two-part series of articles. This case highlights the potential for further development of homicide defences. Read more: https://www.9kbw.com/about-us/9kbw-law

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Claire Stevenson successfully represents OFSTED in a six-day tribunal hearing before the First-tier Tribunal (Health, Education and Social Care Chamber)
The provider appealed after their registration to provide childcare at two nursery settings was cancelled. The appellant had a poor inspection history. Over eight years, there had been a number of inspections, resulting in numerous breaches of the Early Years Foundation Stage, and notices being issued, which were not complied with.

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Claire Stevenson successfully prosecutes a disqualified childminder, charged with two offences: 1) childminding whilst suspended (section 69 of the Childcare Act 2006); and 2) childminding whilst unre
Concerns were raised following an inspection which obtained an “Inadequate” judgment. Despite numerous visits, phone calls and letters, the Early Year Regulatory Inspector was unable to establish contact with the defendant and conduct monitoring visits.

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