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/   

 

 

News

9KBW successful CPS grading applications
9 KBW are delighted to announce that all of our members who applied this year for upgrading on the Crown Prosecution Service Advocate Panels were successful.

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9KBW Roadshow team receive commendation from Borough Commander
On 1st December 2017 Lambeth Borough Commander Detective Chief Superintendent Richard Wood commended 9 KBW for it’s ‘Selflessness and Generosity’ in providing training to police officers. In providing the training Robyn Murdo-Smith and John Clifford were assisted by Chambers colleagues James Dick, Sophie Quinton-Carter, Ben Edwards, Tom Aiken and Charles Drinnan.

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Graeme Molloy prosecutes man accused of racially abusing MP
Graeme was instructed by the Crown to prosecute in the sentence of Andrzejv Gajowniczeka, a Polish National, who had pleaded guilty to racially aggravated intentional harassment, alarm and distress

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James Dick appointed as Rape List Counsel
Congratulations to Jim Dick on his successful application to join the Rape and Serious Sexual Abuse Panel Counsel list. Chambers are delighted to see a valuable addition to the strong team of Rape List Counsel at 9KBW.

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Julian Jones and John Ojakovoh appointed as Serious Fraud Office Panel Counsel
Chambers are delighted to announce that following their successful applications, Julian Jones has joined panel A and John Ojakovoh Panel B of SFO External Counsel. Many congratulations to both of them.

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