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Members Clare Montgomery QC Speeches, Articles & Books Notable Cases What Others Say		Clare Montgomery QC Notable Cases  McKinnnon v The Government of the United States of America [2008] A case concerned with the propriety of plea bargaining in the context of extradition  Dabas v High Court of Justice Madrid [2007] UKHL 6 The High Court of Justice of Madrid sought the surrender of the appellant, to face a criminal charge of complicity in Islamic terrorism in connection with the Madrid train bombings of 11 Mar 2004.  R v Asfaw [2008] Appellant refugee appealed against decision which upheld her conviction for attempting to obtain services by deception  Kostic v The Conservative Party Association Probate action concerned with testamentary capacity involving cross examination of expert witnesses.  Yukos Oil Co v Financial Services Authority London Stock Exchange (2006) Clare Montgomery QC appeared in this challenge to the floatation of Russian oil group Rosneft on the London Stock Exchange which incorporated elements of public law, commercial law and criminal law.  Gilbert v The Queen (2006) Clare Montgomery QC represented a former government minister in this leading case in the Privy Council which examined the general rule that it is for defence counsel and the defendant to ensure that the judge is aware that the defendant is relying on his good character.  R v Smith and another (2005) Clare Montgomery QC acted for Smith in the Court of Appeal and House of Lords.  R v Railtrack plc and others (2004) Clare Montgomery QC and Alex Bailin represented the Chief Executive of Railtrack over the Hatfield rail crash, corporate manslaughter, and health & safety charges  R v Sally Clark (2003) Clare Montgomery QC appeared in this case of a solicitor cleared of murdering her babies.  R v Berezovzky and another (2003) Clare Montgomery appeared in this successful challenge to the request made by the Russian Federation.  Rottman v HMP Brixton and Government of Germany (2003) Concerned extradition to Germany  Pop v The Queen (2003)  Three Rivers DC v Governor and Company of the Bank of England (2003 - 5) Clare Montgomery QC acted for the liquidators of Bank of Credit and Commerce International in its malfeasance action against the Bank of England.  R (Rottman) v Commissioner of Police for the Metropolis (2002)  R (Young) v Central Criminal Court (2002)  Hall v Simons (2002) The case concerned a claim for negligence against solicitors with regard to negotiating settlements and the question of whether solicitors and advocates have immunity from suit.  R v Lyons and others (2001) Reference by Criminal Cases Review Commission concerning whether a person convicted of an offence before the implementation of the Human Rights Act is entitled to rely in a post-implementation appeal on breach of an Art 6 convention right by the trial court.  R (Elliot) v Secretary of State for the Home Department (2001) Case concerning judicial review of an extradition from the UK to Hong Kong.  R (Kashamu & Ors) v Governor of Brixton Prison & Anor (no. 2) (2001) The leading case on the duty in extradition to apply Article 5.4  R v H and others (2001) Case concerning the admissibility of hearsay evidence.  R (Abacha) v Secretary of State for the Home Department (2001) Case concerning a mutual assistance request submitted by Nigeria in respect of funds they sought to recover and criminal prosecutions connected to the former rule of General Abacha.  Bright v Central Criminal Court (2000) Case concerning the use of special procedure powers against newspapers. The Court considered whether a judge could order a journalist to disclose materials that might incriminate him.  Attorney General's Reference No 2 of 1988 Clare Montgomery QC appeared for the DTI in this case which established the width of the powers of Companies Act inspectors Criminal cases.  R v Secretary of State for the Home Department ex parte Norgren (2000) Clare Montgomery QC appeared for the applicant in this case concerning the right to make representations prior to an order to proceed with extradition proceedings.  R v Secretary of State for the Home Department ex parte Gilmore (1999) Clare Montgomery represented Gilmore in his successful challenge to extradition to the United States  Rey v Government of Switzerland (1999) Clare Montgomery appeared in this case concerning an extradition that was successfully prosecuted in the Bahamas on behalf of the Government of Switzerland.  R v Bow Street Metropolitan Stipendary Magistrate ex parte Pinochet Ugarte (1999) Clare Montgomery QC appeared for General Pinochet in the case concerning the former Head of State of Chile.  R v Southwark Crown Court ex parte Bowles (1998) Clare Montgomery QC was instructed as amicus in the House of Lords in relation to the powers in support of confiscation.  R v Commissioner of Police ex parte Bennett (1995) Represented the Lord Advocate in determining the he effect of the Act of Union.  R v Gray (1995) Clare Montgomery appeared at trial for the broker alleged to be at the heart of the so called Morgan Grenfell insider dealing ring. The charges were either dismissed at the close of the prosecution case or quashed on appeal Criminal cases.  Holden & Co v The Crown Prosecution Service (No 2) (1994) Represented the Lord Chancellor in this challenge to the width of third party costs orders.  R v Hendon Justices ex parte DPP (1994) The leading case on the power of the Administrative Court to quash an acquittal.  Seaboard Offshore v Secretary of State (1994) Leading case on the corporate liability for the operation of an unsafe ship Criminal cases  R v Kevin Maxwell (1992) Clare Montgomery QC appeared for Kevin Maxwell in the Maxwell criminal trials and insolvency litigation Criminal cases  R v Parnes (the Guinness trial) (1992) Clare Montgomery represented Anthony Parnes at trial and on appeal. She advised on the successful application to the European Court of Human Rights Criminal cases  Government of the United States of America v Bowe (1990) A case that was prepared for extradition and successfully prosecuted in the Bahamas and the United States on behalf of the US Government.  R v Southwark Crown Court ex p. Commissioners of Customs & Excise (1990) Clare Montgomery QC represented BCCI on US request for mutual Assistance  R v Governor of Pentonville Prison ex parte Osman (1987-1992) Clare Montgomery appeared on behalf of the Home Secretary throughout this litigation which resulted in Osman's extradition to Hong Kong		Specialist Practice Areas Commercial Law Crime and Regulatory Law Human Rights Media and Information Law Extradition
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