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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

Charles Drinnan succeeds for the Isle of Wight Council, the Respondent in an Appeal against an enforcement notice under the Regulatory Reform (Fire Safety) Order 2005
The Appellant appealed against an enforcement notice served by the Council over numerous dangerous fire safety issues in four properties on the Island – an important issue in the aftermath of the Grenfell fire

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Laura Paisley joins 9KBW
9 KBW is delighted to welcome Laura Paisley as our latest tenant, following the successful completion of her pupillage. Laura specialises in criminal and regulatory law and her full profile will be uploaded shortly.

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R –v- Fritz Brown – Kingston Crown Court – August 2018
John Clifford secures conviction after trial in Operation Trident investigation into importation of firearms from Slovenia. Package intercepted containing a number of pistols and fully automatic machine gun at courier depot

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R –v- Marcus Walters – Kingston Crown Court – August 2018
John Clifford secures conviction after trial in Rape and ABH case where victim met Defendant through mutual friend on evening in question at her address. All three were drinking before Defendant followed victim upstairs and made unwanted

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R –v- Sher-Afgan Khattak – Kingston Crown Court [Operation Meaning]
John Clifford secures conviction in Organised Crime Division case on prohibited firearm, ammunition and possession with intent to supply Class A drugs.

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