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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/   

 

 

News

9 KBW Announcement on No Returns Policy
Because we believe that without decisive action by the Criminal Bar the MOJ will continue to systematically destroy the Criminal Justice System we at 9 KBW stand firm with our colleagues in taking that action.

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Paul Douglass secures acquittal of foster carer in historic sex abuse trial
Paul Douglass represented a client in his 70s alleged to have sexually abused two females he and his wife fostered in the late 1990s. The female complainants came forward independently in 2013 and 2015 respectively and there was no evidence of collusion.

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Claire Stevenson defends client in the first trial Snaresbrook Crown Court has heard, in the past 23 years, raising the defence of insanity
Claire acted for the defence in the trial of a 26 year old man at Snaresbrook Crown Court on the 3rd April 2018. The defendant was facing a three-count indictment, one of affray, and two of racially aggravated public order offences.

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John Ojakovoh and Mark Sookram secure convictions in tax fraud trial at Luton Crown Court
John Ojakovoh (Leader) and Mark Sookram (Junior) prosecuted for the CPS Specialist Fraud Division in a trial at Luton Crown Court arising from an HMRC investigation into fraudulent Gift Aid claims made by the charity for which the defendant had acted as Pastor and Chair of Trustees.

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9 KBW is delighted to announce success in applications to the Crown Prosecution Service Specialist Panels for the Serious Crime Group and Fraud
It is with great pleasure that we announce that Counsel John Clifford, John Ojakovoh and Graeme Molloy have been successful in their applications to join the Serious Crime Group and Daniel Cohen in his application to the Specialist Fraud Panel.

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