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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

Daniel Cohen successful in Court of Appeal case
Daniel Cohen successfully appealed to the Court of Appeal against his client's sentence for assault by penetration. The sentence was found to be manifestly excessive and accordingly, was reduced by 18 months.

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Feryal Ertan appointed to FA National Serious Case Panel
Following her recent appointment to the FA Regional Discipline Panel, Feryal Ertan has also successfully been appointed to the FA’s National Serious Case Panel, for the forthcoming 2022-2023 football season.

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Clara Sibanda’s drug supply client spared immediate custody following success at trial of issue
Clara Sibanda, instructed by Reeves & Co, secured a suspended sentence for a defendant convicted of possession with intent to supply Class A and B drugs, as well as possession of criminal property and an offensive weapon.

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Samuel March secures acquittal of pro-Palestine protestor charged with possessing item with intent to destroy/damage property
Following a contested trial, Samuel March’s client was acquitted of possessing eight bottles of red paint, water balloons and a funnel with intent to destroy/damage property.

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John Clifford secures convictions of three Defendants in a case concerning an Organised Criminal Network [‘OCN’]
John Clifford prosecuted this case, which involved a widespread conspiracy to supply Class A drugs and the seizure of two prohibited firearms, as well as 34 rounds of live ammunition, and over £5k in counterfeit cash.

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