Richard Barraclough KC is a Common Lawyer who has developed a practice in the family courts (fact finding and welfare) where serious allegations are made involving brain and other catastrophic injury, abuse and perplexing presentations/fabricated or induced illness. He has an interest in psychiatric and personality disorders. His criminal, medical negligence and personal injury background provide him with particular experience and expertise in this area of practice.

He has undertaken a number of Family Court cases in 2025:

  • In Re A (A Child) (Abduction from Pakistan) [2025] EWHC 2637 (Fam) heard by Mr Justice Harrison in July 2025, involved serious allegations of child abduction, domestic abuse and falsified evidence. The proceedings concerned a seven-year-old girl, “A”, brought from Pakistan to the UK in May 2024. Applications were made by the local authority for a care order and by the mother for A’s return to Pakistan under the court’s inherent jurisdiction. The parents made serious allegations against one another, and the court was asked to determine complex factual disputes arising from events in both Pakistan and the United Kingdom. The hearing extended over two weeks and required the judge to consider more than 2,000 pages of documentary and expert evidence, with a considerable number of witnesses with interpreters and cross cultural issues. The case addressed fact-finding principles in family proceedings, the treatment of conflicting international evidence and the handling of allegations supported by digital and video material of uncertain provenance. In his approved judgment, Mr Justice Harrison acknowledged the “helpful and skilful way in which this difficult case has been conducted”.
  • a relative who was ‘in the pool” after serious injuries were sustained by two young children. He was not only removed from the pool but totally exonerated.
  • Relocation of children outside the jurisdiction.
  • Repatriation of a child to the UK from the Far East.
  • Representing Royal Navy personnel concerning the sexual abuse of young children.

A case involving serious brain injuries sustained by a child was reported after the cross examination of experts demonstrated that the parents were innocent of any wrong doing and one expert had failed in his duties as expert: 2022 EWFC 106 (Fact Finding) 2022 EWFC 107 (Anonymity Decision).

He has represented a mother in a case where perplexing illness/ fabricated illness were alleged described by the judge as “to say that this is a complex case is to understate the position”. it involved a number of children ranging in age from teenage to 3 years old all with complex medical needs. The court had to analyse the impact of Covid 19 restrictions on the various conditions and treatment. The court found that the various illnesses and medical conditions were all genuine.

He advises on police disclosure into family proceedings.

In 2017 he was invited to become a Fellow of the University of Hull Wilberforce Institute and participated in the Wilberforce World Summit Eradicating Contemporary Slavery” He addressed the summit on legal solutions to modern day slavery. He has conducted a post graduate workshop at the Institute

He has written a number of papers engaging family law including a paper on “legal highs”, criminal liability for death following the supply of chemicals used for weight loss: 2.4 Dinitrophenol and the death of Eloise Parry; R v Kennedy (no 2) explained; liability of hotels in relation to child abuse and exploitation on their premises; a paper entitled “Genetic predisposition to paedophilia” following the conclusion of a trial involving cross generational abuse; a paper on the anatomy of an impossible trial for exploitation and abuse, grooming and rape of young children; legal framework for fact finding; contre coup injuries; Shaken Baby  and the development of causation; the Swedish paper on the “triad”; judgment of Keehan J re microfractures; the original Weber paper in German produced as the paper in relation to pattern of skull fractures is often misconstrued;

He delivered a presentation entitled “R v Rebelo: The complexities and ramifications of the case” at the Royal Society of Medicine conference “legal and forensic conundrums in complex high profile homicide”. The presentation provided an analysis of unlawful act and gross negligence manslaughter after Rebelo placed an unsafe food namely the toxic chemical DNP used as a slimming agent, on the market for human consumption and the two Court of Appeal judgements.

Barraclough KC was interviewed by the American Science journalist Jessica Wapner and discussed the Rebelo case and deaths linked with DNP. Jessica Wapner has been investigating the link between DNP and the death of a number of vulnerable individuals and in particular those who suffer eating disorders. The Podcast “Warrant for his Arrest” considers the attempts by FDA agents to prosecute the distributors of DNP in the United States. The FDA investigations have focused on mail fraud and the misbranding of drugs. As Wapner says, this prosecution changed the cases in the United States “entirely” and “for the first time in history someone selling DNP had been found guilty of manslaughter”.

CARE HOMES

On 11th August 2019 following the death of B by choking in a care home, one of the carers, S, who plated food for him was prosecuted for neglect. Richard Barraclough KC  represented her.

The defence commissioned an audit of the care home. They were able to produce a history of failures and breaches of the Health and Social Care Regulated Activities Regulations 2014 by the home in 2018 and 2019 when the care home was rated inadequate and placed in special measures. The service was inspected in July 2021 when it was decided to take enforcement action and conditions were imposed on the service’s registration as a result of further breaches of the regulations.

The Prosecution and National Crime Agency instructed an expert to report after the defence investigation. The expert criticised the deceased’s care plan. In particular the care plan did not require close supervision by staff, there was no formal speech and language therapy assessment of swallowing needs; the senior nurse ignored the deceased’s wife’s advice of her husband’s condition and an original care plan, by omitting from the final plan the need for close supervision at mealtimes. The expert opined that if Mrs B’s advice had been followed, her husband would not have choked and would not have died. Importantly a hand-written addendum had been penned at the bottom of the deceased’s care plan, unsigned and undated and contradicting the typed plan by a comment that B “will rush food. Do not leave unsupervised”. This record was written retrospectively by staff in an attempt to mislead the investigators. The defence submitted that there was an attempt to pervert the course of justice. The Crown offered no evidence and the matter has been reported to the DPP

LECTURES AND ACADEMIC WORK

He addressed the Hotel Forum 2015 on hotel security and liability in the context of child exploitation. The forum focused on hotel security, brand margin, international travel and critical success factors for a new hotel brand.

He advised one of the large hotel chains on liability where a hotel might be used for the purposes of child exploitation.

He has written a paper on the issues of liability in this context which deals with the liability of hotel operators in areas where high levels of sexual exploitation of young people can lead to their misuse and their involvement in crimes against vulnerable people. In the article he discusses the issues that arise from co-operation with the police and involvement in surveillance operations and the risks that these entail. He also draws on legal principles from other jurisdictions, and in particular on the experience of other countries in dealing with the problems, in particular, the experiences of Australia and the United States.

He addressed an event dealing with the risks and liabilities faced by the hospitality sector in circumstances where their property may be used by those engaged in child sexual exploitation crime.

In his presentation, he dealt with the issues concerning when a hotel will be liable in negligence for child sexual exploitation, examined recent judgments and discussed the steps needed to protect the reputation of hotel and hospitality operators.

In 2017 he was invited to become a Fellow of the University of Hull Wilberforce Institute and participated in the “The Wilberforce World Freedom Summit Eradicating Contemporary Slavery” (in association with the Humber Modern Day Slavery Partnership). He addressed the summit on legal solutions to modern day slavery. Amongst the issues covered in the presentations given by Barraclough QC included those arising from modern slavery in the hospitality industry, good practices in dealing with vulnerable witnesses and defendants, and recommended practices with regards to human trafficking cases.

He conducted a workshop for post graduate students at the Institute entitled “The Legal Dynamics of Modern Slavery Cases: What Lessons can be Learnt“

Richard has acted for the Crown, individuals, local authorities, insurers, major construction and transport companies including London Underground and Transport for London, car manufacturers, factories, railways, hospitals, schools and the like.

He prosecutes and defends in cases of homicide.

 

A number of his cases have resulted in changes in or development of the law and practice.

 

He is a Common Lawyer whose vast experience in civil and criminal matters has been acquired over 40 years of a practice which includes inter alia:

 

Serious crime (principally homicide, abuse, fraud, illegal money lending and proceeds of crime);

 

 Family and child welfare principally fact finding involving brain and other catastrophic injury, abuse and perplexing presentations/fabricated or induced illness. He has a particular interest in psychiatric and personality disorders;

 

  Death and catastrophic injuries however caused;

 

 Regulatory crime, local authority law and policy, consumer law, food law, licensing and Coroners Courts;

 

 Firearms Licence Appeals;

 

 Civil and commercial advice and litigation including bankruptcy, contracts, trusts, wills, land, leases and employment;

 

  • Environmental crime and planning enforcement;

 

  • Civil fraud;

 

  • Professional including medical negligence;

 

  Transport law and Commissioners;

 

 Marine matters.

 

He appears in all courts including the Court of Appeal and the House of Lords (now Supreme Court). He appeared in the Privy Council for appellants in Capital (death sentence) appeals over a number of years.

 

He is a recognised expert in jury trials and has been involved in a series of high profile murder, manslaughter, fraud, consumer protection, child abuse and rape cases.

 

He is equally at home as an advocate before judges and disciplinary tribunals.

 

He is expert in the handling of vulnerable witnesses and defendants and is a trained facilitator in relation to the process.

 

He is legal advisor to the General Medical Council and has broad experience of medical matters.

 

His Coronial practice has involved inquests into deaths following complex medical complications, Article 2 issues and appearance for the Coroner in judicial review.

 

He is recognised as an expert in “baby shaking” cases both in the criminal and family courts often involving expert medical evidence given remotely from the UK and abroad.

 

He is known for his ability to work with teams of experts and for his common sense approach to litigation.

 

He advised and represented Lord Bramall in his claim for damages against the Metropolitan Police for conspiracy, misfeasance in a public office, trespass and defamation following the collapse of Operation Midland.

Met Police payouts to Lords over child abuse claims – BBC News

BBC

https://www.bbc.co.uk › news

Lord Bramall ‘receives Met Police apology’ over abuse claims

BBC

https://www.bbc.co.uk › news

Lord Bramall accuses police of witch-hunt over Operation …

The Guardian

https://www.theguardian.com › uk-news › jan › lord-br…

Met Police ‘apologises to Lord Bramall’ over abuse claims

Sky News

https://news.sky.com › story › met-police-apologises-to…

 

The Daily Telegraph

 

 

ITV News

 

      

 

Recommendations

“He is hard-working and stands out because of his quiet presence.”

― Chambers UK Bar Guide [2025]

 

 

“Richard has an enormous capacity for detail, his analytical skills are unique and he is empathetic – he cannot be faulted.”

― Legal 500 [2025]

 

 

“Richard is meticulous in his preparation and leaves no stone unturned in his pursuit of the truth. He commands respect because he is a careful thinker who plans his cases in detail from the outset. His witness care skills are excellent: a balance of calm authority with human empathy.”

― Legal 500 [2025]

 

 

“An exceptional barrister and outstanding advocate in the courtroom with a commanding presence.”

― Chambers UK Bar Guide [2022]

 

 

“He never loses focus in multi-day cross-examinations.”

― Legal 500 [2021]

 

 

“Brilliant with clients, thoroughly prepared and an excellent presence in court.”

― Legal 500 [2020]

 

 

“A highly experienced and accomplished silk who both prosecutes and defends a wide range of criminal cases. His caseload includes matters concerning serious sexual offences, violent crime, and he has acted in a number of homicides recently”

 

“He is very persuasive, very engaging and his work is of a very high standard.”

― Chambers UK Bar Guide [2018]

 

 

“Highly recommended for serious sex trafficking and homicide cases.”

― Legal 500 [2016]

 

 

“He has a very commanding presence in court that the jury could not fail to notice.” “He is an outstanding barrister. He makes clients believe that he is on their side and that he is there for them.”

― Chambers UK Bar Guide [2015]

 

“Commentators speak highly of his fantastic performance in court. His mixed defence and prosecution practice encompasses all serious criminal cases, and in particular complex murders”.

“He has a very distinctive, deep voice, which is almost a trade mark – it gives him a unique and effective courtroom style”.

― Chambers UK Bar Guide [2014]

 

 

 

 

PAPERS AND REPORTS

 

1.    Expert’s failure in their duties as expert in family cases: 2022 EWFC 106 (fact finding) 2022 EWFC107 (anonymity decison);

 

2.    Shaken baby cases 1 and 2;

 

 

3.    Legal framework for fact finding 1,2,3;

 

4.    Swedish paper on the “triad”;

 

5.    Judgment of Keehan J re microfractures;

 

6.    Note on contre coup;

 

7.    The original Weber paper in German produced as the paper in relation to pattern of fractures is often misconstrued;

 

8.    Anatomy of an impossible trial (exploitation and abuse)

 

 

  1. R V REBELO (DNP) Court of Appeal judgments 2019 and 2012;

 

  1. 4 Dinitrophenol and the death of Eloise Parry; R v Kennedy (no 2) explained; prosecutions for manslaughter of those engaged in the supply of drugs and legal highs;

 

  1. Legal Highs a paper;

 

  1. Prosecutions for manslaughter of those engaged in the supply of drugs and legal highs;

 

  1. Gross negligence manslaughter – a step closer to prosecutions of suppliers of drugs for manslaughter;

 

  1. Jessica Wapner Podcast;.

 

 

 

 

  1. SEATON/ BIRMINGHAM CITY COUNCIL 2022 EWCA 113 Authority to prosecute consumer offences:

 

  1. “The P&O Ferry the Pride of Bilbao the yacht Ouzo anatomy of a trial for manslaughter at sea”. This paper was accepted for publication by the Journal of International Maritime Law 2014 Vol 20;

 

.

  1. An Interesting Utilities Claim for £7M engaging principles of estoppel. The mediation resulted in a satisfactory settlement at a fraction of the trial costs;

 

 

  1. Injuncting objections in the planning process. The extent principles of freedom of expression are engaged in harassment claims. The “spooky gazing case”;

 

 

  1. DYER V WEBB report;

 

 

  1. SAGE V MAIDSTONE BOROUGH COUNCIL (2003) UKHL 22 (planning enforcement and development) (High Court to the House of Lords);

 

  1. R V SANGER (2014) EWHC 1922 (planning enforcement). Authority on what should be contained in a S188 register on the meaning of “service” of an enforcement notice and on when the offence under S179 crystallises subject to “knowledge” defences;

 

 

  1. CUTTER V EAGLE STAR INSURANCE CO. LTD. [1998] 4 AER 417 (compulsory third party insurance).(Court of Appeal and House of Lords);
  2. ELLITS: Pattern of offending reflected in the minimum term for murder;

 

  1. CLOWES: Sentencing for gross negligence manslaughter following immersion in scalding water;

 

  1. JAMIE BURNETT: a case of “diminished”;

 

  1. JUSTIN BURNETT “psychiatric conundrum”;

 

  1. Shaken Baby: a tricky case and the development of causation;

 

 

  1. Liability of hotels in relation to child abuse and exploitation on their premises;

 

  1. Alcohol and head injuries;

 

  1. Spoof phones;

 

  1. “Last ditch attempt to thwart POCA in the consumer protection field”;

 

  1. ARENDONK V SECRETARY OF STATE Laing J;

 

  1. BOLLE V SECRETARY OF STATE Gloster, King, Simon LJ;

 

  1. TESCO V BIRMINGHAM Hickinbottom LJ and Swift J;

 

  1. Case re £4.2M claim;

 

  1. Hotel liability for exploitation of vulnerable persons;

 

  1. Aristotle and the Three Pillars of Advocacy;

 

 

38. Paper entitled “Genetic predisposition to paedophilia” following the criminal case of R v Mitchell;

 

 

  1. Post Graduate workshop;

See also:

 

  1. R V SULTAN AND OTHERS [2011] (Court of Appeal [2011] EWCA Crim 2240);

 

  1. R V PARSONS [2009] EWCA 64 COURT OF APPEAL decision on the “COUTTS” issue when manslaughter to be left to the jury;

 

 

  1. R V WILLOUGHBY (2004) EWCA CRIM 3365 The issue before the Court of Appeal was whether there was a difference between unlawful act and gross negligence manslaughter and whether a duty of care could be owed to an accomplice;

 

  1. R V HM DEPUTY CORONER FOR BIRMINGHAM EX PARTE DAVIES (2003) EWHC 618;

 

  1. R V KENT MAGISTRATES COURT EX PARTE FOLKESTONE COURT PRACTITIONERS & USERS GROUP CO/2787/98 Review of decision to close local Magistrates courts;

 

  1. MURPHY V DIRECTOR OF PUBLIC PROSECUTIONS [1990] 2 AER 390 (dishonest appropriation);

 

 

 

 

FAMILY COURT PROCEEDINGS

 

 

  1. Family courts (fact finding and welfare) where serious allegations are made involving brain and other catastrophic injury, abuse and perplexing presentations/fabricated or induced illness.

 

  1. Barraclough KC has an interest in psychiatric and personality

 

  1. His criminal, medical negligence and personal injury background provide him with particular experience and expertise in this area of practice.

 

  1. He has undertaken a number of family Court cases in 2025 concerning:

 

  • the kidnap of a child in Pakistan; the fabrication of court and official documentation, the creation of video films in order to seek to accuse the father of sexual abuse.
  • a relative who was ‘in the pool” after serious injuries were sustained by two young children. He was not only removed from the pool but totally exonerated.
  • Relocation of children outside the jurisdiction.
  • Repatriation of a child to the UK from the Far East.

 

  1. A case involving serious brain injuries sustained by a child was reported after the cross examination of experts demonstrated that the parents were innocent of any wrong doing and one expert had failed in his duties as expert: 2022 EWFC 106 (Fact Finding) 2022 EWFC 107 (Anonymity Decision).

(see section reports and papers)

 

  1. He has represented a mother in a case where perplexing illness/ fabricated illness were alleged described by the judge as “to say that this is a complex case is to understate the position”. it involved a number of children ranging in age from teenage to 3 years old all with complex medical needs. The court had to analyse the impact of Covid 19 restrictions on the various conditions and treatment. The court found that the various illnesses and medical conditions were all genuine.

 

  1. He advises on police disclosure into family proceedings.

 

  1. Following the conclusion of a trial involving cross generational abuse authored a paper entitled “Genetic predisposition to paedophilia”.

 

(see reports and papers section)

 

  1. Paper on the anatomy of an impossible trial for exploitation and abuse grooming and rape of young children

 

 (see papers and reports section)

 

  1. Notes on the following are included in papers and reports section:

 

Shaken baby notes 1 and 2

Legal framework 1, 2 3

The judgment of Keehan J concerning micro fractures

Note on contre coup

The Swedish research paper on the triad

The original Weber paper in German included because its conclusions are often misrepresented.

 

11. In 2017 Barraclough KC was invited to become a Fellow of the University of Hull Wilberforce Institute and participated in the Wilberforce World Summit Eradicating Contemporary Slavery” He addressed the summit on legal solutions to modern day slavery. He has conducted a post graduate workshop at the Institute

 

(see academic work section).

CRIME

 

  1. Barraclough KC is frequently brought in to lead in criminal cases involving death, abuse and significant medical issues including “shaken baby syndrome” (see material in the family section). He has been engaged to lead in gang murders, murders involving complex scientific issues, multiple murders, torture, executions and those who are unfit to plead. He has undertaken the defence of a number of psychiatric patients accused of He has undertaken the defence of a number of individuals charged with election fraud and prosecutes and defends other multi million Pound frauds. He prosecutes substantial illegal money lending cases and prosecutes and defends in regulatory matters.  

 

 

 

  1. His recent cases include:

 

  • Defending a paranoid schizophrenic accused of murdering his mother during a psychotic episode;

 

  • Defending a wealthy young man accused of trying to murder his maid whilst operating under a delusion that he was controlled by the devil and his maid was a demon;

 

  • Defending an individual accused of attempting to murder a serving army officer where insanity and fitness to plead are in issue;

 

  • Prosecuting complex illegal money lending;

 

  • Prosecuting complex sex cases involving substantial medical and other records and previous allegations and rape and where the evidence includes the contemporaneous recording of the events.

 

  • Prosecuting the last of 4 individuals accused of murder following their return from Pakistan after co defendants convicted variously of murder and manslaughter and conspiracy to rob;
  •  
  • Defending in an alleged conspiracy to distribute contaminated meats;

 

  • Prosecuting the placing on the market food stuffs which caused a serious UK wide outbreak of Salmonella involving genome sequencing expertise;

 

  • Defending in an FCA prosecution for a multi million Pound foreign exchange investment fraud

 

  1. His commercial training and experience as a Solicitor provide him with considerable accountancy expertise for fraud cases. He undertakes complex Proceeds of Crime matters.

 

 

 

NOTABLE CRIME CASES INCLUDE:

 

 

PROSECUTING

 

 

  1. R v KHAN (Birmingham Crown Court) Prosecuted murder committed during the course of a drugs robbery. Third in a series of murder trials arising out of the same killing.

 

  1. R v WHELAN (Northampton Crown Court)

 

Prosecuted allegations of serious violence involving strangulation. Defendant acquitted of sexual allegations. The offending occurred against a background of a controlling relationship and in a domestic context. The assaults were but a part of the pattern of behaviour towards the victim lasting a number of years. There was gratuitous degradation in the violence as evidenced by various communications. The defendant continued his violence despite police involvement and despite the imposition of a domestic violence protection order.

 

Woman’s bravery sees violent ex-partner jailed for …

Northamptonshire Police

https://www.northants.police.uk › in-court › february

 

Woman’s bravery sees violent ex-partner jailed for …

YouTube · Northants Police

2.5K+ views · 6 months ago

 

 

Terrifying doorbell footage shows ‘monstrous’ attack …

Northampton Chronicle and Echo

https://www.northamptonchron.co.uk › News › Crime

 

 

  1. R v S (Brighton Crown Court) Prosecuted allegations of vaginal and anal rape

 

  1. R v Z (Reading Crown Court) Prosecuted allegations of rape and controlling behaviour, engaging previous false complaints and much education and social services material.

 

  1. R v QASIM (Birmingham Crown Court) Prosecuted defendant charged with murder in the course of drugs robbery

Birmingham man who fled UK after fatal stabbing found guilty

BBC

https://www.bbc.co.uk › news › articles

 

 

Ambush killer guilty of murdering Richard Hopley in drug …

Birmingham Live

https://www.birminghammail.co.uk › … › Harborne

 

 

Man jailed for 30 years minimum over Birmingham driver’s …

Express & Star

https://www.expressandstar.com › news › 2025/03/01

 

 

  1. R v ELLITTS (Wolverhampton Crown Court) Prosecuted defendant charged with murder serious sex offences against homeless women.

 

Barraclough KC wrote: “An Interesting Sentencing Exercise: to What Extent is a Pattern of Offending to be Reflected in the Minimum Term for Murder”

 

(see reports and papers section)

 

The sentence of 28 yers and 6 months was increased by the Court of Appeal to 35 years.

 

The murder was particularly brutal. Having seen the deceased withdraw money from a cash machine, D followed the victim and pushed him into the driveway of a care home where he stamped on his face, head and upper body with such ferocity that he caused fractures to the face, neck and ribs and the victim was killed. D stamped on the victim’s head and face at least six times. He then kicked him to the torso. He walked away but then returned and dragged his victim, even as he lay unconscious, to a nearby bush where he stamped on him a further six times to the head area. He returned again and launched a further attack of kicks and stamps to the head and neck area. At one point he used a double footed stamp to jump on the victim’s head. In the middle of the attack, he went off to a garage to buy a sandwich before returning and continuing his murderous attack. D tried to pay for a sandwich with a card. The shopkeeper refused to give the sandwich to him. The CCTV clearly showed D searching the deceased. The Court was sure that this was a murder for gain after he removed the deceased’s credit card from his pockets and tried to use it in the garage and stole the £10 the deceased had withdrawn for the ATM. The card was found close to the deceased’s body after the murder. When he was unable to buy a sandwich, D returned to where the deceased lay and continued his attack.

 

The first rape victim was a homeless and very vulnerable woman. He raped her vaginally and orally in a city square. At first, she was reluctant make a formal statement because as she said “why should they believe a little homeless girl”. D committed a robbery later that day. On the same day a few hours later, he carried out another rape of an 18 year old woman. She had just been discharged from hospital, where she had been treated for stomach pains. The rape came to light when a 999 call was made from a shop in Wolverhampton. The controller spoke with her. She was greatly distressed. She told the operator that she had been raped in a forest  (park) by a homeless man; the rapist had said that he would kill her; he was going to “give her kids”; she was hurting in her vaginal area; she felt she was going to die; she was raped on a wooden thing like a bed. She said “He put a cloth in my mouth”. She was sobbing and said “I don’t wanna die” I don’t want him to kill me”. When officers arrived at the shop, they found her on the floor of a store room. She was hiding there. She was distressed and frightened. The officers recorded her state and what she said on their BWV. She told the officers that she took “coke and spliff” which he gave her; he put a cloth over her mouth and said “if you don’t shut up, I’m going to kill you”; he thought he was going to kill her; “He said he was going to kill me and I didn’t want to die. He said shut up or I’ll kill you right here and it was hurting but he just carried on doing it. He said I can’t wait to have kids with you”. The officers recorded that she then became “sluggish and non-responsive at times”. The officers took her to hospital.

Carl Ellitts is jailed for murder, rape and robbery spree in …

BBC

https://www.bbc.com › news › uk-england-birmingh…

 

Murdering rapist sentenced to 27 years for stamping …

Express & Star

https://www.expressandstar.com › crime › 2024/02/05

Wolverhampton man jailed for 27 years for ‘brutal and …

ITVX

https://www.itv.com › news › central › man-jailed-fo…

 

 

 

 

  1. R v HAYLES AND STALLARD (Birmingham Crown Court)

 

BARRACLOUGH KC leading TANYA ROBINSON secured convictions following a six week trial in the Birmingham Crown Court of two defendants for conspiracy to rob a drug dealer and the manslaughter of his driver. One defendant was sentenced to 13 years imprisonment for manslaughter and six years concurrent for conspiracy to rob. The second defendant, a 64 year old male was sentenced to 10 years for the manslaughter with 6 years concurrent for the conspiracy. They were not the prime movers in the offending. The instigators were a class A drug dealer and his “runner”. The dealer who was to be robbed and the deceased, his driver were lured into an area where they might easily be attacked. The “runner” got into the car with the pretence of buying drugs. The two defendants attacked the car and thus permitted the “runner” to stab the deceased in the chest and escape. The stabber and his principal absconded to Pakistan. The dealer who was the victim of the robbery gave evidence for the Crown following an agreement under S74 Sentencing Act 2020 and that assistance was reflected in a 60% discount in his sentence for being concerned in the supply of drugs.

 

The other two returned one by one to run defences they would not have been able to run with any hope of success and without a “cut throat” if they had been tried jointly. In fact, both (Kahn and Qasim) were subsequently convicted of murder and conspiracy to rob

 

 

  1. R v COLLARD AND GROCOTT (Stafford Crown Court)

 

Prosecuted G and C before Cotter J in the Stafford Crown Court in relation to the death of their 5 month old baby. The baby suffered a collapse at home. Despite the efforts of paramedics and hospital experts she died. At post mortem a catalogue of serious injuries was discovered  including fractures to one leg, multiple fractures to the ribs, injuries to the mouth and ear, bruising to the scalp and deep bruising to an arm The view of the experts was that the baby had died as a result of compression of the chest which caused a cardiac arrest and hypoxic brain damage. The child had suffered at least 7 events, some on the day of collapse. Both parents were prosecuted and on 18th July 2023 convicted by a jury of two offences one of causing or allowing the child to suffer serious injury and the other an offence of causing or allowing the child’s death. The child had been repeatedly exposed to cannabis and the parents were convicted of child cruelty in so exposing her. The offences were committed at a time when the maximum sentence for causing or allowing death was 14 years. It is now life imprisonment. The judge was not satisfied to the required standard that the one rather the other had caused rather than allowed the death/injuries. He sentenced both on the basis of allowing death/injuries. He sentenced the mother G to 8 years imprisonment for that offence and C to 11 years imprisonment all other sentences to be concurrent.

 

Man and woman convicted of causing death of five-month- …

Sky News

https://news.sky.com › story › man-and-woman-convi…

 

Parents sentenced following death of baby daughter

Staffordshire Police

https://www.staffordshire.police.uk › news › july-2023

 

Parents jailed for death of five-month-old baby

Crown Prosecution Service

https://www.cps.gov.uk › west-midlands › news › pare…

 

Parents GUILTY of causing death of battered baby daughter

Stoke-on-Trent Live

https://www.stokesentinel.co.uk › … › Courts

 

Pair found guilty of causing death of five-month-old girl

Bracknell News

https://www.bracknellnews.co.uk › news › national

 

Parents

Parents jailed for causing death of their five-month-old daughter

tyla.com

https://www.tyla.com › News › Crime

jailed for causing death of five-month-old baby girl

ITVX

https://www.itv.com › news › central › parents-jailed-f…

 

Mum, 27, and dad, 30, guilty of causing death of their five- …

The Sun

https://www.thesun.co.uk › news › mum-dad-guilty-deat…

 

Parents guilty of causing death of baby Ava Mae Collard

BBC

https://www.bbc.co.uk › news › uk-england-stoke-staf…

 

Killer parents guilty of causing death of baby girl who …

Birmingham Mail

https://www.birminghammail.co.uk › … › Staffordshire

 

Pair found guilty of causing death of five-month-old girl

Southend Echo

https://www.echo-news.co.uk › news › national › 236…

 

Staffordshire

Pair found guilty of causing death of five-month-old girl

The York Press

https://www.yorkpress.co.uk › news › national › 2366…

parents sentenced following death of five …

Stoke Nub News

https://stoke.nub.news › news › local-news › staffords…

 

Parents who caused the death of their severely …

Manchester Evening News

https://www.manchestereveningnews.co.uk › … › Courts

 

Monster parents are jailed after their five-month-old baby …

Daily Mail

https://www.dailymail.co.uk › news › article-12344821

 

Mum and dad jailed for causing death of their five-month …

Metro

https://metro.co.uk › News › UK

 

Parents found guilty of causing death of five-month-old …

Irish News

https://www.irishnews.com › news › 2023/07/19 › news

 

Parents guilty of causing death of baby girl who suffered …

Mirror

https://www.mirror.co.uk › … › Staffordshire Police

 

Parents found guilty of causing death of five-month old …

WalesOnline

https://www.walesonline.co.uk › News › UK News

 

Pair found guilty of causing death of five-month-old girl

Colchester Gazette

https://www.gazette-news.co.uk › news › national › 23…

 

Evil parents who caused death of severely underweight …

The US Sun

https://www.the-sun.com › news › parents-caused-death-…

 

Parents jailed for death of tragic baby daughter found with …

Coventry Telegraph

https://www.coventrytelegraph.net › … › Courts

 

 

 

  1. R v CLOWES (Staffford Crown Court)

 

(see the paper in the papers and reports section)

 

 

On 4.2.24 CLOWES was sentenced to 2 years imprisonment suspended for 2 years for gross negligence manslaughter.

 

On 29th `November a jury sitting at Stafford Crown Court (Calver J) acquitted the defendant of unlawful act manslaughter and convicted him of gross negligence manslaughter.

 

The defendant and the deceased lived together. It was a loving relationship. Both were alcoholics. The deceased binge drank. The Crown alleged that following a bout of drinking and after her soiling herself the defendant pushed her into a bath of scalding water. The immersion had been set at 82 degrees many years before. When paramedics arrived, they found the deceased with scald marks on her body and piles of skin on the floor.

 

The fact that the deceased was utterly incapable and vulnerable and entirely under his control placed a duty on him to take care at least when putting her into the bath and he did not do so. Pushing her into a scalding bath at a temperature equivalent to a kettle of boiling water created an obvious and serious risk of death. The opinion was that to immerse someone with BELL’s vulnerabilities into a bath with water at a temperature of 82 degrees presents an obvious and serious risk of death.

 

Calls for review of ‘lenient’ sentence of man who left partner …

The Guardian

https://www.theguardian.com › uk-news › feb › lenie…

 

Man sentenced following manslaughter of partner

Staffordshire Police

https://www.staffordshire.police.uk › news › february

 

Man

R v MARK CLOWES Sentencing Remarks of the …

Courts and Tribunals Judiciary

https://www.judiciary.uk › uploads › 2024/02

 convicted of killing girlfriend in scalding bath walks free

ITVX

https://www.itv.com › news › central › man-convicte…

 

 

 

  1. R v AFOLABI (Woolwich Crown Court).

 

The case concerned conspiracy to rob, wounding and manslaughter. The conspiracy covered the period January to April 2022. The robbers were provided with details of the identities and homes of high value drug dealers by one of the defendants. The robbery team was then assembled in order to carry out the robberies. One man was attacked as he emerged from his flat. Others were robbed but the only evidence of the robberies came from messaging between two of the defendants. The conspiracy culminated in the ambush of a dealer in a car park. He was stabbed and bled to death. The two involved in the attack were convicted of manslaughter.  All defendants remain to be sentenced for a variety of offences

 

https://www.bbc.co.uk/news/uk-england-kent-61050857

 

https://www.newsshopper.co.uk/news/20057350.temple-hill-two-men-charged-dartford-murder/

 

 

NKRUMAH BUANSI was sentenced to a total of 26 years (21 years plus an extended licence period of 5 years) for conspiracy to rob (11 years 8 months) wounding (3 years), manslaughter (21 years with extension periods)

AFOLABI  15 years 6 months (conspiracy to rob) 3 years (wounding), 21 years (manslaughter) plus extension periods

KANU conspiracy to rob (14 years), wounding (3 years)

GARRARD (who provided the information) 11 years 8 months (conspiracy to rob), 3 years (wounding). As to the facts the judge said the following:

 

 

  1. R V ALAGBAOSO, MATIMBA AND TEJAN; Prosecuted County Lines revenge murder of opposition drug gang member in gang warfare case.

Ashford stabbing trial: Teen guilty of drugs row murder

BBC

https://www.bbc.co.uk › uk-england-kent-56920481

 

 

Teenager guilty of drugs gang murder faces life behind bars

PressReader

https://www.pressreader.com › kentish-express-ashford-…

 

 

A teenager has been convicted of the murder of a man …

UK News in Pictures

https://uknip.co.uk › Ashford

 

 

 

  1. R v REBELO (ILCC) Prosecuted the distributor of a slimming agent to vulnerable persons causing death, for manslaughter. This case went to the Court of Appeal when a retrial was ordered and the case was retried at the CCC before Whipple J. The case again went to the Court of Appeal

 

(see the papers and reports for the Court of Appeal reports and analysis by RB KC)

 

He has further written papers on the liability of drug suppliers for manslaughter

 

(see reports and papers section)

 

He delivered a presentation entitled “R v Rebelo: The complexities and ramifications of the case” at the Royal Society of Medicine conference “legal and forensic conundrums in complex high profile homicide”. The presentation provided an analysis of unlawful act and gross negligence manslaughter after Rebelo placed an unsafe food namely the toxic chemical DNP used as a slimming agent, on the market for human consumption and the two Court of Appeal judgements.

 

Barraclough KC was interviewed by the American Science journalist Jessica Wapner and discussed the Rebelo case prosecuted by him and Gordon Menzies and deaths linked with DNP. Jessica Wapner has been investigating the link between DNP and the death of a number of vulnerable individuals and in particular those who suffer eating disorders. The Podcast “Warrant for his Arrest” considers the attempts by FDA agents to prosecute the distributors of DNP in the United States. The FDA investigations have focused on mail fraud and the misbranding of drugs.

In the same Podcast she interviewed Richard Barraclough KC and Gordon Menzies who had  prosecuted Bernard Rebelo for manslaughter. As Wapner says, this prosecution changed the cases in the United States “entirely” and “for the first time in history someone selling DNP had been found guilty of manslaughter”.

The podcast is in the reports and papers section

A link to the podcast can be found here 

Richard Barraclough KC has advised the Crown Prosecution Service on a similar case involving the supply of DNP by a supplier based in the United States.

Eloise Parry: Diet pill seller Bernard Rebelo loses appeal

BBC

https://www.bbc.co.uk › news › uk-england-shropshire-…

 

 

Eloise Parry death: Diet pill seller jailed after retrial

BBC

https://www.bbc.co.uk › news › uk-england-shropshire-…

 

R -v- Rebelo sentencing remarks

Judiciary.uk

https://www.judiciary.uk › uploads › 2020/03 › r…

 

FSA welcomes guilty verdict in DNP trial

Food Standards Agency

https://www.food.gov.uk › news-alerts › news › fsa-welc…

 

 

 

Distinguishing capacity and autonomy – the criminal law …

Mental Capacity Law and Policy

https://www.mentalcapacitylawandpolicy.org.uk › distin…

 

New podcast investigates Rebelo case and deaths linked …

Six Pump Court

http://6pumpcourt.co.uk › Resources

 

Dealer of toxic diet pills that killed student guilty of …

The Guardian

https://www.theguardian.com › uk-news › jun › dealer-…

 

 

 

Man who sold toxic slimming pill jailed over student’s death

Sky News

https://news.sky.com › story › man-who-sold-toxic-slim…

 

Man jailed for seven years for selling DNP slimming pills to …

YouTube · ITV News

4.9K+ views · 7 years ago

 

 

Eloise Parry: Student died after taking ‘slimming pills …

The Independent

https://www.independent.co.uk › UK › Crime

 

 

 

The Hon Mrs Justice Whipple DBE sentencing remarks …

LexisNexis

https://www.lexisnexis.co.uk › Home › Corporate Crime

 

 

First manslaughter conviction for DNP diet pill dealer after …

The Telegraph

https://www.telegraph.co.uk › news › 2018/06/27 › firs…

 

 

Businessman killed student Eloise Parry, 21, with ‘Russian …

The Sun

https://www.thesun.co.uk › News › UK News

 

 

Student died after taking ‘Russian Roulette’ slimming pill …

The Mirror

https://www.mirror.co.uk › News › UK News › Crime

 

DNP: the dangerous diet pill pharmacists should know about

The Pharmaceutical Journal

https://pharmaceutical-journal.com › Feature

 

 

 

Dealer ‘killed bulimic student by selling her toxic slimming …

Daily Mail

https://www.dailymail.co.uk › news › article-7991395

 

 

Online steroid dealer is convicted of manslaughter for …

Daily Mail

https://www.dailymail.co.uk › news › article-8093183

 

Woman died after taking ‘Russian roulette slimming pills …

Daily Record

https://www.dailyrecord.co.uk › News › Crime › Courts

 

 

 

  1. R V ROACH Prosecuted County Lines revenge and control of market inspired murder.

 

Wesley Adyinka stabbing: Four jailed over killing in …

BBC

https://www.bbc.co.uk › uk-england-kent-51112922

 

 

 

 

Stunning moment machine gun-toting police stop county …

Daily Mail

https://www.dailymail.co.uk › news › article-7886545

 

 

The fatal night a dad was slaughtered in Maidstone gang …

Kent Live

https://www.kentlive.news › … › Kent News › Maidstone

 

 

Watch as police arrest killers at gunpoint

Kent Online

https://www.kentonline.co.uk › maidstone › news › wat…

 

 

  1. R v ELDRED (Maidstone Crown Court) Prosecuted manslaughter by male of his Barraclough KC penned a short note on one blow and alcohol related manslaughter cases.

 

 (see reports and papers section)

 

Man jailed for killing brother in Kent during argument

BBC

https://www.bbc.co.uk › uk-england-kent-48315380

 

 

 

  1. R v CHAPMAN. Successfully led for the prosecution in the case of a loan shark who appealed against a confiscation order made against him for £177,000.00. He had argued that his assets and monies were not part of his money lending business and had been accrued by other means.

 

RB KC wrote a detailed article on the case entitled “Last Ditch Attempt to Defeat POCA in the Consumer Protection Field.”

 

 (see reports and papers section)

 

In the case R v Chapman (Stephen Roy) 2015 [EWCA] 694 the defendant was a loan shark, who had loaned £136,890 – recovered £220,840 with a profit of £83,950. His assets included a house (purchased according to the prosecution with the proceeds of his money lending and monies in a bank account). The defendant had asserted that his father had an interest in the house because he had made lump sum contributions to the mortgage. The prosecution pointed out that the property had been purchased with cash, and had never had a mortgage on. The defendant then asserted that his father had provided cash to fund the initial purchase. The defendant argued that there was no jurisdiction to make a confiscation order as a result of s170 of the Consumer Credit Act 1974, or that payments had been received from lawful loan agreements & therefore there had been no benefit from unlicensed money lending. Both arguments were rejected, as was an application that benefit should be limited to profit, and a confiscation order was made for £177k.The defendant appealed again arguing that s170 of the Consumer Credit Act 1974 meant that the Court had no jurisdiction to make a confiscation order. The Court of Appeal confirmed that this section has a very limited ambit and does not deprive the Court of jurisdiction to make a confiscation order. The defendant also argued that the confiscation order was disproportionate, as the wrong doing was simply a failure to obtain a licence – there was no dishonesty, deprivation of protection or aggravating factors. The Court of Appeal rejected this and confirmed the order was proportionate – reconfirming that there is nothing disproportionate about removing from an unlawful business the proceeds it has generated.

 

  1. R v CHITTENDEN Leading for the Crown in the prosecution of a man under stress who was facing bankruptcy and “snapped” and held his wife who was asthmatic down in her bath thereby murdering her.

England | Kent | Man given life for murdering wife

BBC

http://news.bbc.co.uk › uk_news › england › kent

 

 

Man gets life for killing wife on her birthday

Kent Online

https://www.kentonline.co.uk › ashford › news › man-g…

 

 

  1. R v CHRISTOPHER LANGHAM Prosecution of well known actor and writer for possessing child images and unlawful sex.

Langham found guilty on child porn charges | Crime

The Guardian

https://www.theguardian.com › aug › ukcrime

 

Thick of It actor’s trial begins

The Guardian

https://amp.theguardian.com › bfvk

 

Chris Langham freed from jail

Reuters

https://www.reuters.com › article › world › chris-langha…

 

British actor Langham guilty on child porn charge

Australian Broadcasting Corporation

https://www.abc.net.au › news › british-actor-langham-…

 

Chris Langham: I’m One Of The Lucky Ones

John-Paul Flintoff

https://flintoff.org › the-thick-of-it

 

  1. R v EGGLETON Prosecuted bus driver for manslaughter. Conviction of the driver who ran over a man who was remonstrating with him.

 

 

  1. In MOMENTUM NETWORK LTD [2012] Barraclough KC and Lee Bennett successfully prosecuted Momentum Network Limited trading as Credit Card Killer (CCK) and the company’s directors Basil and Amanda Rankine for fraud and breaches of the Consumer Protection from Unfair Trading Regulations 2008. The defendants were involved in a “debt sale” business described by the Office of Fair Trading as a “scam”. Consumers paid large sums of money to the defendants in the belief that they were transferring their obligation to pay their creditors under the terms of their loan or consumer credit agreements. The defendants gained in excess of £1.8M over a period of approximately 12 months. The Prosecution was instigated by the Illegal Money Lending Team of Birmingham City Council and was supported by the Office of Fair Trading. Evidence was called from a raft of consumers who had been defrauded and from various major banks. It is a landmark prosecution in this area of consumer protection law. Barraclough KC and Lee Bennett pursued the same defendants in the civil court over some 5 days for enforcement orders under the Enterprise Act and then for the committal of Basil Rankine for contempt including an appeal by the contemnor to the Court of Appeal.

Man jailed for £1.8m fraud

Express & Star

https://www.expressandstar.com › crime › 2012/09/18

 

 

Appeal number CMS/2009/0004

GOV.UK

https://claimsmanagement.decisions.tribunals.gov.uk › …

 

 

 

TV couple’s Credit Card Killer debt-buying offer – Rankine

This is Money

https://www.thisismoney.co.uk › article-1678065 › TV-…

 

 

Injunction secured against ‘debt sale’ firm

Wired Gov

https://www.wired-gov.net › wg-news-1.nsf › print › In…

 

 

Credit Card Killer ordered to clean up act

The Mirror

https://www.mirror.co.uk › … › P & S investigates

 

 

 

 

Couple sentenced over £2 million fraud

ITVX

https://www.itv.com › news › central › couple-sentence…

 

 

Good Riddance To The Rankins – Moj Stops Them In Their Tracks

National Consumer Service

https://nationalconsumerservice.co.uk › topic › 184108-…

 

 

Trading Standards get an injunction against the Rankines

National Consumer Service

https://www.consumeractiongroup.co.uk › topic › 22455…

 

 

 

  1. In R V NICHOLSON [2010] Warrington Crown Court he prosecuted a “loan shark” in Birmingham on behalf of Birmingham Trading Standards National Illegal Money Lending Team and Cheshire Police. The Defendant was convicted of illegal money lending, blackmail, assault and rape. Long sentence and IPP.

 

Cheshire loan shark Paul Nicholson stripped of £1m

BBC

https://www.bbc.co.uk › news › uk-england-merseyside…

 

 

Loan shark jailed indefinitely for rape, blackmail and assault

The Guardian

https://www.theguardian.com › mar › cheshire-loan-sha…

 

England | Merseyside | Lender who raped customer jailed

BBC

http://www.bbc.co.uk › england › merseyside

 

Runcorn mum whose son killed himself condemns loan shark

Runcorn and Widnes World

https://www.runcornandwidnesworld.co.uk › news › 84…

 

Runcorn Widnes loan shark Paul Nicholson told to repay …

Cheshire Live

https://www.cheshire-live.co.uk › chester-cheshire-news

 

 

CARE HOMES

  1. On 11th August 2019 following the death of B by choking in a care home, one of the carers, S, who plated food for him was prosecuted for neglect. Richard Barraclough KC represented

The defence commissioned an audit of the care home. They were able to produce a history of failures and breaches of the Health and Social Care Regulated Activities Regulations 2014 by the home in 2018 and 2019 when the care home was rated inadequate and placed in special measures. The service was inspected in July 2021 when it was decided to take enforcement action and conditions were imposed on the service’s registration as a result of further breaches of the regulations.

The Prosecution and National Crime Agency instructed an expert to report after the defence investigation. The expert criticised the deceased’s care plan. In particular the care plan did not require close supervision by staff, there was no formal speech and language therapy assessment of swallowing needs; the senior nurse ignored the deceased’s wife’s advice of her husband’s condition and an original care plan, by omitting from the final plan the need for close supervision at mealtimes. The expert opined that if Mrs B’s advice had been followed, her husband would not have choked and would not have died. Importantly a hand-written addendum had been penned at the bottom of the deceased’s care plan, unsigned and undated and contradicting the typed plan by a comment that B “will rush food. Do not leave unsupervised”. This record was written retrospectively by staff in an attempt to mislead the investigators. The defence submitted that there was an attempt to pervert the course of justice.

The Crown offered no evidence and the matter has been reported to the DPP

 

 

DEFENDING

 

  1. R v BOURNE (Southwark Crown Court)

 

Defendant tried for attempt murder of his servant. He had been brought up in privileged and luxurious conditions. Nobody was aware of developing paranoid schizophrenia. He called his servant from her room to make him a meal. As she emerged, she was met by him wielding a knife. He slashed at her causing catastrophic injuries. He was seriously ill and was found unfit to plead. The jury found that he had done the act alleged and a hospital order with restriction was imposed. Interesting point whether the act could include a determination by the jury that he intended to kill rather than inflict GBH.

 

Son of art collector sentenced for attacking housekeeper

BBC

https://www.bbc.co.uk › news › articles

 

 

v- Maximillian Bourne

Judiciary.uk

https://www.judiciary.uk › uploads › 2025/02

 

Housekeeper got ‘no support’ from wealthy family following …

The Independent

https://www.

Art dealer’s son stabbed and strangled housekeeper at …

London Evening Standard

https://www.standard.co.uk › News › Crime

independent.co.uk › UK › Crime

 

Son of art collector stabbed housekeeper in luxury home …

The Independent

https://www.independent.co.uk › UK › Crime

 

 

Son of wealthy art collector who stabbed housemaid …

Sky News

https://news.sky.com › story › son-of-wealthy-art-collec…

 

Maid feared she would die after being stabbed by art …

Daily Mail

https://www.dailymail.co.uk › news › article-14430871

 

 

 

  1. R v BURNETT (Maidstone Crown Court)

 

Defended paranoid schizophrenic who refused to accept that he had murdered his mother so that a plea to diminished responsibility could not be tendered although the opinion of defence and prosecution psychiatrists was that he was diminished. He had to be tried for murder. The judge directed the jury that if they found that he had killed the deceased then he could not be convicted of murder. The whole trial was conducted with him in the secure psychiatric hospital.

 

Interesting debate whether if a defendant refused to plead, the Crown was constrained to concede diminished in the event of the jury being sure of what would otherwise be murder.

 

 Problems arose when although operating in a psychotic episode, the defendant wanted to give evidence that he had not killed his mother but rather an organized crime group living in the loft had killed her. The case was adjourned for a day so that he might get over the episode.

 

The evidence that he had killed her comprised inter alia family members who witnessed the attack, his admissions on body worn cameras that he had done so, admissions to treating psychiatrists, filming of his daubing blood in the street.

 

A further interesting point arose what to do when a juror so distressed at what they were witnessing in court shared their distress with their partner.

 

Barraclough KC wrote a paper on the case “Jamie Burnett a Case of Murder by a Severely Mentally Disordered Young Person, Systemic Failures, the Problems Caused where a Defendant who Suffers Diminished Responsibility does not Accept that he Killed the Victim and what Happens when a Juror who is so Distraught at the Evidence Seeks Support”.

 

(in the reports and papers section)

 

 

  1. R v PEACOCK (Central Criminal Court)

 

RB KC defended in the trial of the double murderer LEE PEACOCK who compiled a list of up to four or five drug dealers to be assassinated or executed in north London. They had “cuckooed” the flat where his partner lived and cared for a disabled male. When his partner protested at the notion, he slit her throat. He then went off to complete his undertaking. He met one of the dealers but she was with her granddaughter. He decided not to kill her but rather he went into the flat she shared with another male. He slit the throat of the man who was not a dealer. That man was killed as he tried to escape from his locked flat. The defendant described him as “unlucky”. He left detailed letters and notes describing his rationale for the murders. He was arrested and in interview gave a detailed description of what he did. He told officers that he had slit their throats in order to save them from pain. He was convicted at the Central Criminal Court of the two murders. He was sentenced to life imprisonment with a minimum period of 39 years.

 

Lee Peacock sentenced to 39 years for double murder just weeks after release from jail

2 days ago

 

Lee Peacock: Moment double murderer flees on a bicycle after slitting girlfriend’s throat

2 days ago

‘Warped’ double killer who slit girlfriend’s throat within weeks of release jailed

2 days ago

 

 

Man who killed two people in two days is jailed for more than …

https://news.met.police.uk › news › man-who-killed-tw…

 

 

Lee Peacock: Double murder suspect ‘confessed to killings in …

https://www.standard.co.uk › News › Crime

 

 

Vengeful Lee Peacock guilty of girlfriend and associate’s …

https://www.bbc.co.uk › uk-england-london-64471270

 

 

Lee Peacock sentenced to life over Westminster double murder

https://www.bbc.co.uk › uk-england-london-64486540

 

Killer ‘out to punish’ girlfriend when he murdered her and …

https://www.mirror.co.uk › News › UK News

 

 

‘Warped’ killer guilty of cutting girlfriend’s throat in two day …

https://www.independent.co.uk › UK › Crime

 

 

  1. R v OSMAN (Snaresbrook Crown Court)

 

Successfully defended OSMAN who together with B was tried for murder. The case concerned disputed class A drug supply territories in Woolwich London. The murder arose from an act of perceived disrespect levelled at B as he was barged by another drug supplier in the street. B assaulted that individual. The two defendants left and later returned to the area armed with a large zombie knife concealed in an umbrella. OSMAN carried the zombie knife for a short distance before handing it to B. The prosecution alleged that they intended to engage with the main competitor supplier who had been called by the victim of the assault. B pulled out the knife and stabbed that individual. OSMAN was present. His defence was that he believed that the knife was to be used to threaten and no more. On 17th August 2023 he was acquitted of both murder and manslaughter by the jury. He was sentenced to 35 months for possession of the knife. B was convicted of murder and sentenced to life with a minimum of 23 years. This was a case where CCTV played a crucial role in securing the acquittal as it provided accurate detail of each defendant’s activities as the deceased was stabbed.

 

 

Woolwich man ‘murdered with knife hidden in umbrella’

This Is Local London

https://www.thisislocallondon.co.uk › news › 23691577…

 

 

 

  1. R v PARADZAI (Leeds Crown Court)

 

 

 

On 30th November the jury in Leeds Crown Court returned verdicts in the case of Belinga, Mbwasse, Ogie and Paradzai. Richard Barraclough KC instructed by Zia Yasin of Messrs Cooper Hall led Matthew Harding for the defence of Paradzai who was acquitted of murder.

 

It was alleged that following a dispute at a party between Belinga and someone called TM, Belinga recruited the others to return to the party in order to take revenge on TM. The wrong person was attacked with long knives and killed in front of a number of teenagers. Paradzai drove them to the scene but denied that he knew that the others would use knives to kill or inflict serious harm. He was acquitted of murder and convicted of manslaughter. The others were all convicted of murder.

 

In the Leeds Crown Court on 18.12.23 the defendants BELINGA, MBWASSE and OGIE were sentenced to life in custody with a minimum of 23 years for the murder of a “perfectly innocent” 17 year old Trust Gangata. They mistook him for another who had earlier that day attacked BELINGA. He was stabbed at least 14 times in front of a large number of very young people in, as the judge described, a “short but brutal and savage attack” with knives and an “horrendous” sword. It was their intention to kill him.

 

PARADZAI was convicted of manslaughter.  He was sentenced to 16 years imprisonment of which he will serve two thirds.

 

BARRACLOUGH KC penned a short note on “spoof phones” following this trial

 

(see reports and papers section)

 

 

Trust Gangata: Four jailed for teen murdered over mistaken …

BBC

https://www.bbc.com › uk-england-leeds-67750720

 

 

Four men found guilty of killing 17-year-old Trust Gangata.

Crown Prosecution Service (CPS)

https://www.cps.gov.uk › news › four-men-found-guilt…

 

 

Three found guilty of murdering Trust Gangata at Leeds …

BBC

https://www.bbc.co.uk › uk-england-leeds-67582663

 

Murder and manslaughter convictions following Leeds …

Park Square Barristers

https://www.parksquarebarristers.co.uk › murder-and-ma…

 

 

 

 

 

  1. R v TAHIR S2 Terrorism Act

 

 

On 20.5 at Kingston Crown Court London, three defendants were sent to prison for between 4 and 5 years after pleading guilty to offences under Section 2 Terrorism Act 2006 by transmitting terrorist publications (in the case of Tahir an Islamic State video “Flames of War 2”) intending to encourage the commission preparation or instigation of terrorism. The three were radicalised supporters of Islamic State and encouraged violent Jihadi attacks in the United Kingdom. They were part of various chat groups which were infiltrated by under cover officers. One of them declared an intent to launch an attack at Speakers Corner in London. They praised various extreme Islamists and attacks on London Bridge, in France, Russia, China and Rome. Various videos shared by the group depicted executions, beheadings, burnings and suicide attacks. BARRACLOUGH QC appeared for Tahir.

 

 

Peterborough man jailed for terrorism offences

Peterborough Matters

https://www.peterboroughmatters.co.uk › news › 22321…

 

Peterborough 20-year-old found spreading ‘warped views …

Cambridge News

https://www.cambridge-news.co.uk › … › Peterborough

 

 

 

  1. R v MOHAMMED ATIF (Sheffield Crown Court) murder by shooting of Sheffield Solicitor. MA is a young man with a severe learning disability. Despite reports from psychiatrist and psychologist that he was fit to plead, he was unable to participate in the trial even with an RB QC at short notice arranged for two S12 psychiatrists to report further and give evidence to Lambert J who ruled that he was unfit to plead. The jury thereafter considered whether he “did the acts”. At the close of the prosecution case the judge ruled on a submission that he had no case to answer and he was discharged. The remaining defendants charged with murder were convicted.

 

Four men convicted in relation to murder of Sheffield solicitor

The Law Society Gazette

https://www.lawgazette.co.uk › news › 5111823.article

Khuram Javed: Shot man ‘lured’ to scene by killers, court told

BBC

https://www.bbc.co.uk › news › uk-england-south-york…

 

 

  1. R v BURNETT Instructed to defend a man who kicked to death a homeless man living in a tent in a Dover graveyard. Complex issues of split personality and a large amount of medical and psychiatric evidence.

 

Barraclough KC wrote “A Psychiatric Conundrum” in the papers and reports section.

 

 

  1. R v ISLAM: Defended in a shaken baby case where a 6 week old baby suffered catastrophic brain and skeletal injuries. Following cross examination of the expert neurosurgical experts acquitted by direction of the judge of S18 causing grievous bodily harm.

 

Barraclough KC wrote “Regina v FI Shaken Baby:  a Tricky Case and the Development of Causation” in the papers and reports section.

 

  1. R v DUGBO Environmental waste recycling fraud. (see regulatory below)
  2. R v SMITH Fraud by veterinary surgeon in horse sale case (see regulatory below).

 

  1. R v SHEPHERD (Cambridge Crown Court). Drug related execution of a subordinate. Subject of Channel 4 two episode documentary “24 Hours in Custody” broadcast in January 2020.

 

Sam Mechelewski murder: Pair jailed for drug dealer ‘ …

BBC

https://www.bbc.co.uk › news › uk-england-cambridge…

 

 

Sam Mechelewski trial: Man denies executing ‘little brother’

BBC

https://www.bbc.co.uk › news › uk-england-cambridge…

 

 

24 Hours in Police Custody Murder in the Woods

Cambridge News

https://www.cambridge-news.co.uk › cambridge-news

 

 

24 hours in Police Custody – Channel 4 series

Six Pump Court

http://6pumpcourt.co.uk › Resources

 

 

  1. R v ED (Winchester Crown Court) Attempt murder by firearm shot twice close up in residential area.

 

  1. R v GLEDHILL (Leeds Crown Court.) Drug revenge and gang related execution by firearm.

 

Self-confessed ‘scumbag’ guilty of murdering Leeds gang …

Leeds Live

https://www.leeds-live.co.uk › … › Chapeltown

 

 

 

 

  1. R v SIDDIQUE (Winchester Crown Court .County Lines revenge murder in residential area of Farnborough

 

Richard Hardy death: Four jailed after drug debt murder

BBC

https://www.bbc.co.uk › news › uk-england-hampshire-…

 

 

  1. R v Defending a young mother charged with her partner with an offence under the Domestic Violence, Crime and Victims Act 2004 section 5 of inflicting serious injuries to her 19 day old baby, including some gratuitously degrading injury. The baby died but of a condition unrelated to the injuries

 

Baby death: Tonbridge parents bailed – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-41322260

Father of newborn baby found dead ‘told partner he might …

The Mirror

https://www.mirror.co.uk › … › UK News › Court case

 could not be link

Parents on trial after death their newborn baby may have …

Kent Live

https://www.kentlive.news › … › Kent News › Tonbridge

 

 

 

  1. R v HARDING. Representing a retired teacher accused of historic sex offences on pupils. The case involved historic film recordings made by the defendant.

Former teacher David Harding charged with multiple …

Surrey Comet

https://www.surreycomet.co.uk › news › epsom › 1478…

 

Man who was accused of historic sex offences at Banstead …

Surrey Live

https://www.getsurrey.co.uk › News › Surrey Police

 

 

 

 

  1. R v Defending in a shaken baby death. Young father who was accused of murdering his six week old baby. The case involved extensive expert and medical evidence as well as analysis of areas of medicine that are still developing.

 

For the notes and material concerning shaken baby see family section and reports and papers section

 

Joshua Martin detained for killing six-month-old daughter

BBC

https://www.bbc.co.uk › news › uk-england-hampshire-…

 

 

 

 

 

 

  1. R v Representing a man charged with murder by shooting of another and disposing of his body. The defendant was a hunter and was believed to have cut the body to pieces and burnt it.

Man jailed for murdering partner’s missing ex-boyfriend …

BBC

https://www.bbc.co.uk › news › uk-england-40804192

 

 

BREAKING: Man jailed for life for murder of Karl Bunster

SussexWorld

https://www.sussexexpress.co.uk › news › breaking-man-…

 

 

 

 

  1. R v Murder by stabbing in broad daylight in residential area. Gang fight.
  2. R v MACDONALD. Murder of homeless individual camping in a park.
  3. R v Killing of youth by another youth using knife in residential area of Leeds. Acquitted of murder.

 

  1. R v International Cross Rail fraud and corruption trial involving Nigerian railway infra structure.

 

Alandale Rail bosses jailed for Thameslink corruption

Construction Enquirer

https://www.constructionenquirer.com › 2017/07/24 › a…

 

 

 

  1. R v Defended in the trial of one of three brothers accused of the murder of a vulnerable woman. The case involves the effect of so called legal highs / Spice on the mind of an intellectually impaired individual and involved the calling of expert toxicological and psychological evidence.

 

Barraclough KC wrote a paper on the effect of legal highs and Spice (in the reports and papers section)

 

.

Brothers Scott Knight, Adam Knight and Joshua …

Kent Online

https://www.kentonline.co.uk › thanet › news › brother…

  1. R v WATERS. Representing a teacher before the Teaching Council on historic sex abuse

 

  1. R v BARHAM & TOMLIN. Defending one of two defendants charged with the murder of a vulnerable male living in assisted

 

Maidstone pensioner’s murderers jailed for life – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-35561628

 

Two found guilty of Maidstone pensioner murder – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-35495669

 

 

Pair who stabbed pensioner to death boasted about ‘ …

The Mirror

https://www.mirror.co.uk › News › UK News › Murder

 

 

 

  1. R v MOHAMMED IBRAHIM. Three defendants charged with murder possession of firearms and conspiracy to rob. The matter concerned the execution by shotgun of a 17 year old who happened to be in a drug dealing house. The motive was said to be a drug “turf” war in South East London and in revenge for a stabbing of a member of the opposing gang. Defendant was acquitted on murder and firearms indictment.

 

 

 

  1. R v MUNDOMA (Represented defendant in this murder trial which involved a drugs deal that went wrong. Defendant acquitted on murder indictment.

 

 

Brentwood murder: Man convicted over drugs killing

BBC

https://www.bbc.co.uk › uk-england-essex-33778487

 

 

  1. R v Representing Slovak defendant charged with rape and child trafficking of most vulnerable female aged 16 with a very low IQ. All defendants acquitted on a submission of no case. The trial involved a vulnerable complainant and allied evidence of an extremely detailed and complex nature. There was only one complainant affecting all eight defendants. The case involved a massive task of analysing many thousands of pages of served and unused material spanning a number of years. The unused material produced information about the complainant including inconsistent accounts and erratic behaviour. This was incorporated into a chronology, the final version of which formed the basis of proposed Admissions and the Cross-Examination Plan ordered to be prepared and served. There were seven defence teams who liaised in the preparation of this document prepared in the first instance by the team representing the first defendant.

 

Barraclough KC prepared a paper “Anatomy of an Impossible Trial- Lessons to be Learned” (see papers and reports section)

 

 

  1. R v SLADE. Representing commercial haulier in multi million Pound importation of class A drugs out of Holland. Defence successful in argument that despite the opening of an Oxford office which was used solely for these importations he was ignorant of the contents of the haulage.

 

  1. R v Representing defendant accused of rape. After close investigation the Defence were able to demonstrate that the allegations were flawed and the accuser had made similar allegations against others. Following the drafting of a substantial bad character application the Crown offered no evidence.

 

 

  1. R v Leading for the defence of the first defendant, a Russian speaking Lithuanian in a 3 month murder trial. Accused of murdering a young Italian who had just arrived in the UK. Described as ferocious and merciless attack on the deceased and his friend who survived. Racial overtones. Richard Barraclough’s performance described as “a masterclass” in advocacy.

Three jailed for murdering Italian waiter – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-28207809

 

 

Trio found guilty of murdering Italian waiter in Kent

BBC

https://www.bbc.co.uk › uk-england-kent-28199600

 

 

 

Waiter Murder: Trio Jailed For ‘Brutal’ Killing | UK News

Sky News

https://news.sky.com › story › waiter-murder-trio-jailed…

 

 

  1. R v Manslaughter following drunken debate between homeless individuals in Canterbury.
  1. R v Leading for the defence in a cases of gross negligence manslaughter arising from an arson attack.

 

  1. R v BERRY et al. Leading in a significant case of conspiracy to steal railway line throughout the south of England.

 

  1. R v RIPLEY. Leading in a case of alleged murder by a young Romany girl of her boyfriend where one or more of the defences of suicide, self defence and accident was successful.

Margate woman not guilty of murdering James Hedington

BBC

https://www.bbc.com › uk-england-kent-22158759

Pregnant Sarah Ripley murdered lover James Heddington …

Kent Online

https://www.kentonline.co.uk › thanet › news › pregna…

 

Margate mum Sarah Ripley cleared of killing partner …

Kent Online

https://www.kentonline.co.uk › thanet › news › margate…

 

 

 

  1. R v BREEDON. Leading in a case of sexual abuse of children.
  2. R v Leading in a case of abuse of children.
  3. R v MITCHELL Leading for the defence in a case of cross generational abuse involving siblings, own children and a variety of other relatives.

 

Concept of genetic predisposition to paedophilia raised.

 

See research paper on the issues raised by this case in the reports and papers section.

 

  1. R v SAMUEL ROBERTS (Central Criminal Court) (Victoria Tube Station murder) Leading for the defence of Samuel Roberts who was present throughout the gang attack in the station and kicked the deceased whilst he was being stabbed. Defendant was acquitted of murder but convicted of manslaughter and certain other offences following argument on “gang joint enterprise”.

London teenagers found guilty over Victoria station killing

The Guardian

https://www.theguardian.com › may › london-teenagers…

  1.  

 

Gang murdered boy during rush hour at Victoria station

BBC

https://www.bbc.com › news

Sofyen Belamouadden stabbing: three jailed for tube …

The Guardian

https://www.theguardian.com › apr › sofyen-belamoua…

 

Victoria station samurai sword gang who killed boy are …

London Evening Standard

https://www.standard.co.uk › News › Crime

 

 

Victoria station murder: Teen kicked boy in head ‘because …

London Evening Standard

https://www.standard.co.uk › … › Home Page

 

Victoria station murder “planned on Facebook”

Reuters

https://www.reuters.com › uk-britain-stabbing-victoria

 

 

 

  • R v KAMARA (Central Criminal Court) Leading for the defence in another gang murder in West London involving “joint enterprise” when the client was acquitted of murder

Man cleared over drill rapper Incognito’s murder

BBC

https://www.bbc.co.uk › uk-england-london-47202113

 

 

 

  1. R v AWALE Leading for the defence in a case of murder by shooting by gang or by way of contract killing. This case involved the execution of 2 young men by a Somali gang. Case involved gun running, drug and people smuggling with complex issues relating to bad character in Holland and the USA of various defendants and anonymous witnesses. First trial aborted after the Crown failed to investigate bad character adequately and following abuse argument.

 

Fishermead ‘drug turf’ shootings: Murderers jailed

BBC

https://www.bbc.co.uk › news › uk-england-beds-bucks…

 

 

Feroz Khan and Fuad Awale get longer jail terms after …

The Guardian

https://www.theguardian.com › uk-news › apr › feroz-k…

 

 

Milton Keynes double killer gets extra six years on …

Middle East Forum

https://www.meforum.org › islamist-watch › milton-keyn…

 

 

 

 

  1. R v DARREN PETERS (Central Criminal Court). Leading in a case of murder by fire after a young medical student who had been attacked by her then boyfriend enlisted the assistance of others to kill him. He was beaten, carried in the boot of a car and once in London burnt to death. This defendant was acquitted of murder.

 

 

Three people jailed over Gagandip Singh revenge …

BBC

https://www.bbc.com › uk-england-london-17202157

 

Mundill Mahil was a straight-A student with …

The Guardian

https://www.theguardian.com › uk-news › feb › mundil…

 

 

‘I had no motive’ says Gagandip Singh accused

BBC

https://www.bbc.co.uk › uk-england-london-16615070

 

 

  1. R v LOUZECKY Leading for the defence in a case of murder following a dispute in relation to a vacuum cleaner. This defendant was acquitted of murder and manslaughter.

Man not guilty of Sheerness killing – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-15482773

Milos Louzecky cleared of murder after vacuum cleaner row

Kent Online

https://www.kentonline.co.uk › kent › news › milos-lou…

Man not guilty of Sheerness killing – BBC News

BBC

https://www.bbc.co.uk › uk-england-kent-15482773

  1. R v SULTAN and others (Leeds Crown Court and Court of Appeal [2011] EWCA Crim 2240) Leading for the defence in an election fraud. Wholesale fraud after postal votes forged and impersonation of electors. All defendants were convicted but the convictions quashed in the Court of Appeal.

Five jailed over Bradford postal vote scam

BBC

https://www.bbc.co.uk › news › uk-england-bradford-…

 

 

Five jailed for attempted Bradford postal votes fraud

The Guardian

https://www.theguardian.com › politics › sep › men-jail…

 

  1. See also R v Khan where leading for the defence in the Slough election fraud.

 

Six jailed for Slough local election fraud

Windsor Liberal Democrats

https://www.windsorlibdems.org.uk › news › article › six…

 

 

Six men jailed for election fraud

BBC

http://news.bbc.co.uk › uk_news › england › berkshire

 

 

 

Six jailed for election fraud

The Independent

https://www.independent.co.uk › UK › Crime

 

 

 

 

 

  1. R V PARSONS [2009] EWCA 64 Court of Appeal decision on the “COUTTS” issue when manslaughter to be left to the jury after appellant drove accomplice to scene of shooting and the issue being whether the appellant might have thought that the killer was intent on “winging” the victim only. Leading in the Crown Court and in the Court of

 

 

  1. R v YOUSEF Leading for the defence of young woman accused of horrendous murder of 3 year old daughter who was stabbed multiple times. Tried to dissolve body in acid. Found unfit to plead due to mental illness and sent to a secure psychiatric hospital.

Mother who doused daughter in acid sent to secure unit

The Guardian

https://www.theguardian.com › oct › mother-child-acid…

 

 

 

  1. R v FENDER Murder, provocation. Leading for the defence of man accused of killing his girlfriend in front of child. Acquitted of murder.

‘Jealous’ boyfriend Paul Fender jailed for stabbing mum-of- …

Daily Mail

https://www.dailymail.co.uk › news › article-1297743

 

 

Builder Paul Fender charged with murder of Greatstone …

Kent Online

https://www.kentonline.co.uk › ashford › news › builde…

 

 

Jealous dad who killed ex gets 9yrs

The Mirror

https://www.mirror.co.uk › … › UK News › Karen Millen

 

 

 

 

  1. R v BENSON Leading for the defence of a drug dealer accused of the rape and kidnap of one of his female workers.

 

  1. Defence of anti-terrorist officer involving anonymous witnesses, diplomats and Presented with “anti terrorist tie” at the unit.

 

 

  1. R v HUBBLE (The P&O Ferry The Pride of Bilbao) Leading for the defence of the officer of the watch charged with manslaughter (shipping)

 

(See paper published and in reports and papers section)

 

  1. R v WILLOUGHBY (2004) EWCA CRIM 3365 Leading for the defence of a publican who wanted to redevelop the premises but who was refused planning permission and then set fire to the pub, thereby killing his accomplice. Charged with manslaughter. The issue before the Court of Appeal was whether there was a difference between unlawful act and gross negligence manslaughter and whether a duty of care could be owed to an accomplice.

 

BBC NEWS | England | Kent | Pub owner jailed for arson death

BBC

http://news.bbc.co.uk › uk_news › england › kent

 

Pub owner guilty of manslaughter

Kent Online

https://www.kentonline.co.uk › canterbury › news › pu…

 

 

England | Kent | Man died in ‘pub arson attempt’

BBC

http://news.bbc.co.uk › uk_news › england › kent

 

 

Gross Negligence Manslaughter

Crown Prosecution Service (CPS)

https://www.cps.gov.uk › legal-guidance › gross-neglig…

 

 

 

R v Willoughby (Keith Calverley)

vLex

https://vlex.co.uk › Tort › Negligence

 

 

 

 

 

  1. R v MATHARU Leading in the case of murder of wife in a so called “honour” killing when the defendant disemboweled his wife after he had formed an irrational belief that she was having an Defence was the “Othello Syndrome” (insane jealousy).

‘Evil’ husband killed wife after divorce plea

Richmond & Twickenham Times

https://www.richmondandtwickenhamtimes.co.uk › news

 

.

 

  1. R v MCLEAN Led for the defence of a club doorman who, it was alleged, killed a customer by excessive force. The defence involved a fascinating analysis of the pathology of positional asphyxiation and its relationship with drugs and hyperexcitation, the cross examination of the Crown’s pathologist and the calling of a number of defence pathologists.

 

  1. R v AZRAM Leading for the defence of Iraqi tortured by the then regime who then committed murder in the UK.

 

  1. R v B (2005 ALL ER (D) 108) Principles of a mandatory life sentence for a 17 year old who had committed murder by setting fire to a house.

 

FIREARMS

 

In 2025, Barraclough KC represented a former firearms officer in his appeal against the revocation of a shotgun certificate and refusal of a firearms certificate following an IOPC disciplinary hearing.

 

Represented a high net worth individual in relation to firearms matters.

 

 

REGULATORY, CONSUMER LAW AND LOCAL AUTHORITIES

 

  1. Barraclough KC regulatory practice involves by way of example planning enforcement, illegal slaughter/butchery/sale of meat, flytipping, breach of licence conditions, recycling plants, waste, collapsed cranes and other structures.

 

  1. He has advised a major insurer on consumer credit and the components of insurance premiums to be incorporated within APR calculations.

 

  1. He also has an interest in cybercrime including the “Darknet”, intellectual property, passing off and

 

4.    Advised local authorities in relation to controlled parking, price structuring and tariffs and potential vulnerability to be treated as ‘revenue generating’ data protection policies tenancy agreements, employment issues

 

  1. Local authority delegated powers and policy matters generally

 

  1. Judicial review of local authority tendering process

 

 

  1. In 2024, Barraclough KC advised on £10M government development loan and professional regulatory implications

 

  1. Advising and settling proceedings against TFL on behalf of international haulage company concerning unlawfulness of certain fixed penalty notices

 

  1. In 2024 advised a regulatory body at the investigative stage of proceedings, advised Solicitor in complex SRA misconduct allegations and a Chief Constable in police misconduct proceedings.

 

  1. He was named as Consumer Rights – Lawyer of the Year by Lawyer Monthly in

 

 

  1. Richard Barraclough KC was instructed in an appeal against the revocation by the Environment Agency of waste permit for a London recycling unit.
  1. In 2019 he prosecuted a multi million pound illegal money lending business involving authority to prosecute and exempt business lending.

 

  1. He has defended in a case of multi million pound fraud involving exaggerated claims in respect of electrical recyclable waste, an environmental crime perpetuated by fraud.

 

Convicted waste fraudster has more than 9 years added to …

GOV.UK

https://www.gov.uk › … › Waste management

 

 

WEEE fraudster ordered to pay back 1.3 million

Cedrec

https://cedrec.com › news › weee-fraudster-ordered-to-…

 

 

 

Leeds recycling fraudster Terry Dugbo’s jail term extended

BBC

https://www.bbc.co.uk › uk-england-leeds-49498451

 

 

Record sentence handed down in environmental prosecution

Local Government Lawyer

https://localgovernmentlawyer.co.uk › …

 

 

WEEE fraudster handed seven-year prison sentence

letsrecycle.com

https://www.letsrecycle.com › News

 

 

7.5yrs Jail as Dodgy Dugbo Claims to Transport 991 TVs …

Waste Management World

https://waste-management-world.com › artikel › 75yrs-j…

 

 

  1. He was instructed to defend a professional veterinary surgeon in a case of conspiracy to defraud in relation to the pre sale vetting of horses.

Kent dealers and vet jailed over sick horse fraud

BBC

https://www.bbc.co.uk › uk-england-kent-36765053

 

Horse dealers and vet jailed for large-scale fraud | Meridian

ITVX

https://www.itv.com › news › meridian › update › hors…

 

Kent horse dealers guilty of sedating sick animals for sale

BBC

https://www.bbc.co.uk › uk-england-kent-36521124

 

 

Horse dealers and vet found guilty of fraud

MRCVSonline

https://mrcvs.co.uk › news › news-story

 

 

Kent horse dealers and vet jailed for selling sick animals as …

Daily Express

https://www.express.co.uk › News › UK

 

 

Horse dealers and a vet are jailed for drugging un-trained …

The Sun

https://www.thesun.co.uk › News › UK News

 

 

  1. He prosecuted a ground breaking unlawful act and gross negligence manslaughter case involving the supply of DNP slimming tablets to vulnerable girls suffering eating disorders (REBELO). In 2021 following another appeal, a significant case direction was made available

 

(see crime above and section reports and papers)

 

16. Prosecuting illegal money lending, food safety and manslaughter.

 

17. Litigated in the courts at first instance and in the Court of Appeal  the principle of authority to prosecute consumer offences

 

(see Seaton in the reports and papers section)

 

18. Advising on a request that a local authority detain a person after their release from prison by an order under Section 45G Public health (Control of Disease) Act 1984 where the person was suffering an infectious disease and there was a significant risk of infection to others.

 

FOOD SAFETY PROSECUTIONS

 

19. Barraclough KC has considerable experience in food safety and contamination cases.

 

20. hether article 24 created a rule of law that food past its used by date is “deemed” to be unsafe for the purposes of proceedings under the 2019 regulations

 

(see judgment in Tesco v Birmingham reports and papers section)

 

Barraclough KC appeared for the prosecuting authority Birmingham City Council.

The Divisional Court (Hickinbottom LJ and Swift J) handed down judgment in Birmingham City Council v Tesco Stores Limited, an important food law prosecution concerning “use by” dates and the relationship of European Regulation 1169/2011 Article 24 and Article 14 of Regulation 178/2002.The judgment is important in explaining the purpose of “deeming” provisions generally. A number of cases had been adjourned pending the judgment.

Article 14 provides that food shall not be placed on the market if it is unsafe. Food is deemed to be unsafe if it is considered to be injurious to health or unfit for human consumption. Article 24 provides that “In the case of foods which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health…After the ‘use by’ date a food shall be deemed to be unsafe in accordance with…” article 14.

The issue was whether the deeming provision creates a rebuttable presumption or whether it is conclusive as to the issue of safety. The Divisional Court has held that for the purpose of the regulations the deeming provision is conclusive against the FBO and cannot be rebutted by microbiological evidence.

Hickinbottom LJ rejecting the submissions of Tesco held that “… the legislative provisions are unambiguous: as a result of article 24, food that is displayed for sale, or otherwise placed on the market, with a labelled use by date that has expired is “unsafe” for the purposes of article 14 of the Food Safety Regulation, and that cannot be controverted by evidence. An FBO which is responsible for placing such food on the market acts in breach of article 14, and is thus guilty of an offence under regulation 19 of the 2013 Regulations…. In my view, (the) authorities, looked at as a whole, support the contention that, whilst not conclusive, “deemed” is indeed strongly suggestive of an assumed state of affairs that cannot be rebutted by evidence…. The deeming provision in article 24 reflects the outcome of a generic risk assessment required by the EU Regulations that, given the reasons why specific use by dates are required to be determined for and displayed on specific types of food, if such food is past its use by date it is “unsafe”. … As with many “deeming provisions”, these provisions diminish the scope for factual issues by creating a “bright line” which assists in securing the aim and purpose of the Food Safety and Information Regulations, and in turn assists in ensuring consumer safety through adopting a precautionary and risk-averse approach. … Article 24 essentially defines “unsafe” food to include that which, after its use by date, is considered to pose an unacceptable risk to those who might consume it, on a prospective assessment in relation to such a food made by the relevant FBO on the basis of the general characteristics of that food and how it might be treated before consumption. It thus avoids the need to determine, as a matter of evidence in each case, whether specific food is actually “safe to eat” in the circumstances of the particular case. If someone further down the line considers that that assessment is for any reason wrong, the scheme allows him to re-assess the risk (again, prospectively) and re-label the food; but that can only be done on the basis of (microbiological) evidence (general or specific) and on the basis that he (the re-assessor) bears responsibility for his new assessment and labelling.”

Dealing with the point arguably left open in the TORFAEN case he said: “If the wrong date is put upon food (or a use by date is put on food that does not require such labelling), then the FBO putting on that information, whose mistake the original labelling was, will remain liable for that mistake, which can be corrected by appropriate re-labelling in accordance with the Food Information Regulation regime. If someone mischievously changes an appropriate use by date, then the verification and checking procedures required by the scheme should make that a very short-term issue; and, in any event, the aim of the scheme to protect consumers means that the burden of responding to such mischief should and does not fall upon the consumer, but on an FBO. There is no evidence before us that such mistakes or mischief have occurred in practice; but, if they were to occur, then in my view, the scheme on the basis of the construction advanced by Mr Barraclough is sufficient to respond to it.”.

He concluded, “Consequently, in my view, the construction of article 14 of the Food Safety Regulation including the deeming provision in article 24, is clear: there is an obligation, falling on FBOs, to label highly perishable foods with a use by date and, when that date is passed, that food is “unsafe” such that it cannot be displayed for sale or otherwise placed on the market; and that “unsafety”, being essentially a question of definition, cannot be controverted by evidence that, by reference to some other safety criteria, the food is “safe”. Such food may be relabelled, if it is reassessed for risk; but, whilst any such process is proceeding, the food cannot be placed on display or otherwise “held for sale” (which is included in the definition of “placed on the market”….”

Swift J held that, “The ordinary language meaning of the words used in article 24 of the Food Information Regulation is clear: if a use by date has passed, the food is to be regarded as “unsafe” for the purposes of article 14 of the Food Safety Regulation. Although in some circumstances, where a legislative provision says that a state of affairs is deemed to be so, that provision can be construed as meaning something to the effect of “deemed unless otherwise proved”, whether such a conclusion is correct will depend on context, and in particular on whether the conclusion is consistent with the purpose of the instrument in which the provision appears. In the context of the Food Safety Regulation and of the Food Information Regulation, taking account of (i) the clear purpose of those Regulations as explained by Hickinbottom LJ and, specifically, (ii) the premises in those Regulations for the existence of use by dates, there is no plausible basis for the conclusion that the words in issue in article 14 have any meaning short of their ordinary language meaning. Any different meaning would seriously weaken the regulatory scheme. Thus, both as a matter of ordinary language, and by reference to the purpose of the EU Regulations, the correct meaning of the words in issue in article 24 of the Food Information Regulation is that food passed its use by date is unsafe for the purposes of article 14 of the Food Safety Regulation”

 

  1. Following the judgement Tesco pleaded guilty to various offences. Barraclough KC instructed by Birmingham City Council had brought to an end the long running saga of the Tesco’s “use by date”prosecution concerning three stores in Birmingham. The 22 offences dated back to 2016 and 2017.

The proceedings have passed through Regulatory Delivery, the Secretary of State, the Birmingham Magistrates Court where DJMC Jellema ruled that Tesco were not entitled to adduce evidence of an expert in an attempt to undermine the Article 24/14 presumption that foods past their use by dates are deemed to be unsafe. The appeal to the Divisional Court by way of judicial review failed. The Court described the Tesco submissions as “myopic” and the law as “unambiguous”. Finally Tesco pleaded guilty in the Birmingham Magistrates Court where DJMC Qureshi described that “this guilty plea must rank as probably the most reluctant plea in legal history”.  

As regards the microbiological evidence of the expert instructed by Tesco, the judge commented “He checked the bacteria and thought the levels were fine and rendered the food safe to eat. He would be happy to eat them. He even compared the cotton-like mould on grapes to the mould in blue cheese. He is completely at odds with the feeling of disgust that any ordinary member of the public would have on seeing the mould on grapes. If I am wrong about that, then perhaps someone might pioneer a new market amongst the public for mouldy grapes to be eaten with mouldy cheese, mouldy biscuits and pungent wine. In his opinion some of the food manufacturers are wrong to even put a use by date on some of their foods”. His opinion he said was “an affront to common sense”.

Factors increasing seriousness included the fact that “The public will not be left with any confidence that Tesco takes the legislation seriously as Dr Dinsdale says the consumer can decide for themselves whether to buy something, and in my view he belittled the law when he compared the mould on a grape to blue or stilton cheese.” 

As regards the attitude taken by Tesco to the legislation the judge said “Since 2014 the law has been absolutely clear that food cannot be sold after the use by date. Tesco decided to try to argue that food is still consumable after the use by date and it should not be an offence. They found a scientist who gave that opinion. Lawyers and judges might think and say such arguments are interesting and of public importance. Tesco say the law needed to be clarified. It was crystal clear what the law was but Tesco tried to make it confusing. In the world of common sense, such an argument was simply spurious and without any merit in it whatsoever. This needs to be said to Tesco and others in case people want to find ways to avoid complying with the food safety laws.”  The judge found that there was “no genuine contrition”

Tesco were fined £7.5 million for breaches of the “use by date” food legislation.

See links below for further news coverage of the case:

BBC News

Sky News

The Guardian

ITV News

The Sun

The Daily Mail

 

  1. Birmingham Crown Court imposed a total fine of £105,000 on a major corporation with an annual turnover of £1.6 billion on 19 August 2016 for three breaches of the Food Safety and Hygiene (England) Regulations 2013. Barraclough KC prosecuted the case for Birmingham City Council. The company pleaded guilty to offences relating to an infestation of mice and an unclean kitchen at a public house in Birmingham. The offences occurred in February 2015 and were committed to the Crown Court for sentence by the magistrates.

The case was one of the first food cases dealt with in the Crown Court under the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline effective from 1st February 2016.

The company had sound policies and procedures at national level but had failed at a local level to ensure that those policies were properly implemented and the fabric of the building sufficiently maintained. In consequence the infestation became widespread. There was no evidence that any individual had in fact suffered harm.

Culpability was agreed as being properly characterized as in the “medium” category. After hearing argument, the judge found the harm to be “category 2”. This meant that the starting point for a company with a turnover in excess of £50 million was £90,000 and the range of fines was from £35,000 to £220,000 unless the judge thought the interests of justice required him to go outside that range because of the very large turnover of the defendant in order to achieve a proportionate sentence. The total fine of £105,000 imposed was divided equally between the three offences against the Food Safety and Hygiene (England) Regulations 2013.

 

OTHER NOTABLE REGULATORY CASES

 

 

  1. In BIRMINGHAM CITY COUNCIL- V –WYETH (TRADING AS SMA NUTRITION) Barraclough KC conducted the prosecution of the manufacturers of powdered milk for the illegal advertising of the product. Birmingham Trading Standards launched the prosecution. The case focused on the International Code of Marketing of Breastmilk Substitutes and the UK Infant Formula and Follow on Formula Regulations 1995 and the evidence of world experts in the One issue involved the UK’s right to regulate the marketing of baby milk. Professor Tomkins of the Centre for International Health and Development, Institute of Child Health London is reported as saying “As someone who has spent his professional life concerned with ways of improving children’s health through improving nutrition and diet and as somebody who sees this as being eroded by attempts to violate the WHO code, I applaud the Trading Standards prosecution of SMA. I offer my thanks and congratulations but more importantly please accept on their behalf the thanks of children born and yet to be born who will benefit from your successful case”.

 

 

  1. In MOMENTUM NETWORK LTD [2012] Barraclough KC and Lee Bennett successfully prosecuted Momentum Network Limited trading as Credit Card Killer (CCK) and the company’s directors Basil and Amanda Rankine for fraud and breaches of the Consumer Protection from Unfair Trading Regulations 2008. The defendants were involved in a “debt sale” business described by the Office of Fair Trading as a “scam”. Consumers paid large sums of money to the defendants in the belief that they were transferring their obligation to pay their creditors under the terms of their loan or consumer credit agreements. The defendants gained in excess of £1.8M over a period of approximately 12 months. The Prosecution was instigated by the Illegal Money Lending Team of Birmingham City Council and was supported by the Office of Fair Trading. Evidence was called from a raft of consumers who had been defrauded and from various major banks. It is a landmark prosecution in this area of consumer protection law. Barraclough KC and Lee Bennett pursued the same defendants in the civil court over some 5 days for enforcement orders under the Enterprise Act and then for the committal of Basil Rankine for contempt including an appeal by the contemnor to the Court of Appeal.

 

Man jailed for £1.8m fraud

Express & Star

https://www.expressandstar.com › crime › 2012/09/18

 

 

Appeal number CMS/2009/0004

GOV.UK

https://claimsmanagement.decisions.tribunals.gov.uk › …

 

 

 

TV couple’s Credit Card Killer debt-buying offer – Rankine

This is Money

https://www.thisismoney.co.uk › article-1678065 › TV-…

 

 

Injunction secured against ‘debt sale’ firm

Wired Gov

https://www.wired-gov.net › wg-news-1.nsf › print › In…

 

 

Credit Card Killer ordered to clean up act

The Mirror

https://www.mirror.co.uk › … › P & S investigates

 

 

 

 

Couple sentenced over £2 million fraud

ITVX

https://www.itv.com › news › central › couple-sentence…

 

 

Good Riddance To The Rankins – Moj Stops Them In Their Tracks

National Consumer Service

https://nationalconsumerservice.co.uk › topic › 184108-…

 

 

Trading Standards get an injunction against the Rankines

National Consumer Service

https://www.consumeractiongroup.co.uk › topic › 22455…

 

 

 

  1. In R v NICHOLSON [2010] Warrington Crown Court he prosecuted a “loan shark” in Birmingham on behalf of Birmingham Trading Standards National Illegal Money Lending Team and Cheshire Police. The Defendant was convicted of illegal money lending, blackmail, assault and rape. Long sentence and IPP.

 

Cheshire loan shark Paul Nicholson stripped of £1m

BBC

https://www.bbc.co.uk › news › uk-england-merseyside…

 

 

Loan shark jailed indefinitely for rape, blackmail and assault

The Guardian

https://www.theguardian.com › mar › cheshire-loan-sha…

 

England | Merseyside | Lender who raped customer jailed

BBC

http://www.bbc.co.uk › england › merseyside

 

Runcorn mum whose son killed himself condemns loan shark

Runcorn and Widnes World

https://www.runcornandwidnesworld.co.uk › news › 84…

 

Runcorn Widnes loan shark Paul Nicholson told to repay …

Cheshire Live

https://www.cheshire-live.co.uk › chester-cheshire-news

 

 

 

  1. OLSON v MAIDSTONE BOROUGH COUNCIL Judicial review of a decision to revoke hackney carriage licence after conviction for rape overturned. Issue of standard of proof in such administrative

 

  1. R v KENT MAGISTRATES COURT EX PARTE FOLKESTONE COURT PRACTITIONERS & USERS GROUP CO/2787/98 Review of decision to close local Magistrates courts

 

  1. MURPHY v DIRECTOR OF PUBLIC PROSECUTIONS [1990] 2 AER 390

 

  1. Acted on behalf of the DTI (now DBERR) under the employment agency regulations

 

 

MARINE MATTERS

  1. In the case of the P&O Ferry Pride of Bilbao accident (REGINA v HUBBLE) where three yachtsmen were alleged to have been struck and killed by a cross Channel ferry, he was Leading Counsel for the defence with a team of experts in hydrodynamics, body drift, tidal movements, radar, sailing and ship construction. The inquiry led to the review of bridge procedures on night hand over and highlighted shortcomings of navigation equipment (lights and radar equipment in particular) and the potential dangers of the presence of a large number of yachts in shipping lanes.

 

Richard recently wrote a paper on this case entitled “Anatomy of a Trial for Manslaughter at Sea“ (click here) and see papers and reports section

 

 

  1. He has advised on historic rights to fish over the eastern side of the Wash involving an analysis of the pre Magna Carta rights of the Lords of the Manor, ancient deeds, fishery orders, principles of accretion, intertidal areas and the movements of the sand banks and foreshore over centuries. On one notable occasion he was content to wade into the Wash in order to view fresh water streaming.

 

  1. He has advised on the rights of certain Scottish islanders to moor their boats without payment of fees to the Crown Estate and the right of the Crown to take up illegal moorings, the islanders relying on Royal Charters of 1400 and 1584, the matter eventually being resolved in Edinburgh. His learning and research were submitted to the Scottish Government for use by the Amicus appointed to represent the islanders

 

(PETITION OF CROWN ESTATE COMMISSIONERS, OPINION OF LORD UIST 2010 CSOH 70).

moorings | Secret Scotland – WordPress.com

WordPress.com

https://secretscotland.wordpress.com › tag › moorings

 

 

Kames Bay Case – Petition of the Crown Estate …

ScotWays

https://scotways.com › ken › kames-bay-case-petition-o…

 

  1. He has advised on ship collisions quantum (Jersey) and on occasion charter

 

 

CORONERS COURTS

 

  1. Richard Barraclough KC acted for the Birmingham Coroner in Judicial R v HM DEPUTY CORONER FOR BIRMINGHAM EX PARTE DAVIES (2003) EWHC 618 He has acted for families in inquests involving complex medical issues

R (Davies) v Birmingham Deputy Coroner

vLex

https://vlex.co.uk › Human Rights › Rights and Freedoms

 

Davies, R (on the application of) v HM Deputy Coroner for …

CaseMine

https://www.casemine.com › judgement

 

 

  1. RE CASSANDRA HASANOVIC where Mr Hasanovic was arrested for assaulting his wife. The proceedings were discontinued. He then murdered her. An Article 2 inquest resulted following his

conviction. Richard represented the Crown Prosecution Service. He drafted the response by the DPP to the Coroner’s Prevention of Future Deaths Report (Coroners and Justice Act 2009 Schedule 5 Paragraph 7 and the Coroners (Investigations) Regulations) 2013.

Cassandra Hasanovic ‘failed’ by Sussex Police and CPS

BBC

https://www.bbc.co.uk › news › uk-england-26357890

 

Police and CPS ‘failed’ murder wife

London Evening Standard

https://www.standard.co.uk › panewsfeeds › police-and…

 

Murdered Cassandra Hasanovic ‘unravelled in fear’ of …

BBC

https://www.bbc.co.uk › news › uk-england-26232181

Sussex Police “failed”murdered Bognor wife, inquest hears

The Argus

https://www.theargus.co.uk › news › 11039008.sussex-…

 

Police and CPS ‘failed’ murder wife

Belfast Telegraph

https://www.belfasttelegraph.co.uk › news › police-and-…

 

Woman’s murder could have been prevented, says jury

The Guardian

https://www.theguardian.com › society › feb › cassandr…

 

PAM Minutes – 25.4.2014

Sussex Police and Crime Commissioner

https://www.sussex-pcc.gov.uk › media › pam-mi…

 

VAW0011 – Evidence on Violence against women and girls

UK Parliament

https://committees.parliament.uk › writtenevidence › html

 

 

 

COMMERCIAL & EMPLOYMENT

 

  1. Richard Barraclough KC has advised in commercial matters generally including employment, insurance, competition law, gender pricing, bank miss-selling (cap and collar claims), international trusts, policy matters for a variety of institutions, standard banking terms and construction of wills.
  1. By way of further example he has advised and on occasion been involved in litigation in relation to:

 

  1. The potential liability (considering both UK and US law and practice) of major hotel chains in relation to possible claims for child exploitation where structure, management, staffing and systems are to be considered;
  2. Boundary claims, restrictive covenants and matters of Common Land and the Commons Registration Act 1965;
  3. Commercial contracts;
  4. Publishing contracts; Franchises;
  5. Computer licence agreements; Petrol solus agreements;
  6. Land banking schemes; Excessive charge back levies;
  7. Anti competition issues in relation to insurers and their relationship with aggregators; Data sharing in the context of insurers and aggregators and anti competition issues; Expenses insurance and freedom of choice;
  8. Force majeure in the context of commercial contracts between certain major insurers and banks;
  9. Liability of auctioneers for negligence following withdrawal of significant fine art collection by overseas Hong Kong/ American clients;
  10. Unfair dismissal claims
  11. Restrictive covenants in employment contracts Safeguarding;
  12. Disability discrimination issues Long term sickness
  13. Expertise in non solicitation/dealing/ competition covenants and team moves. Employment agency prosecution for the (then) DTI
  14. The law of adoption in Russia
  15. Issues of undue influence and capacity
  16. Construction of wills and contentious probate issues includinga 10 day trial in the Chancery Division of the High Court representing the family of a deceased who had parted with his estate before death.

 

 

 

 

 

 LANDLORD & TENANT

Richard Barraclough QC has also significant experience in the area of landlord and tenant, and his cases include:-

 

Construction of commercial leases; Forfeiture of leases;

Local authority standard terms of tenancy agreements; Rent reviews;

HAFTON PROPERTIES LTD v CAMP & ANOTHER [1994] 03 EG 570 (LEASES)

 

 

 

PLANNING

 

  1. R v SANGER (2014) EWHC 1922 (planning enforcement). Leading Emmaline Lambert to the Administrative Court from the Crown Court at Inner London for the London Borough of Newham.

 

(see reports and papers section)

 

 

  1. SAGE v MAIDSTONE BOROUGH COUNCIL (2003) UKHL 22 (planning enforcement and development) (High Court to the House of Lords)

 

(see reports and papers section)

 

  1. Compensation claim for farm land under Channel Tunnel Rail Link Act 1996

 

  1. Advising on construction of Medway Tunnel Act 1990 and the management of the tunnel

 

  1. Advising on the West End Tottenham Court Road traffic restriction scheme proposed by the London Borough of Camden. As Leading Counsel for the LONDON TAXI DRIVERS ASSOCIATION IN R (ON THE APPLICATION OF LONDON TAXI DRIVERS ASSOCIATION) v LONDON BOROUGH OF CAMDEN, the LTDA sought judicial review of the London Borough of Camden’s plans to redevelop the Tottenham Court Road (“TCR”) area.

The litigation focused on the proposal to make the Tottenham Court Road two way for buses and cycles only. All taxis whether licensed black cabs or private hire vehicles (minicabs) were to be prohibited from using large parts of the road during daytime hours. The LDTA ground for review was that when assessing the evidence of pollution, congestion and accident rates, Camden had failed to distinguish between licensed black cabs and minicabs.

Tottenham Court Road car ban: Taxis refused judicial review

BBC

https://www.bbc.co.uk › uk-england-london-33005019

 

 

  1. Advising on Wildlife and Countryside Act 1981 in relation to management of moorland

 

  1. Planning committee for villagers opposing development of conservation site involving consideration of wildlife

 

  1. Section 106 agreements

 

  1. In DYER V WEBB (the “spooky gazing” case) RICHARD BARRACLOUGH KC and MARK DAVIES acted for the applicants in their application for an interim injunction. MEGAN THOMAS KC had advised on the planning aspects of the case in the context of the Harassment Act 1977. The judgement is reported at 2023 EWHC 1917 (KB)

 

 

The report and commentary (Dyer: Human Rights and Planning) by Barraclough KC are in the papers and reports section

 

GP and three village pensioners accused of harassing …

Daily Mail

https://www.dailymail.co.uk › news › article-12088719

Property magnate sues ‘menacing gang’ of retirees for £1.3 …

The Telegraph

https://www.telegraph.co.uk › news › 2023/05/16 › ne…

Victory for village ‘gang’ of pensioners in £1.3m court battle …

Daily Mail

https://www.dailymail.co.uk › news › article-12295987

 

 

 

 

 

 

 

 

 

 

TRAFFIC COMMISSIONERS AND TRANSPORT LAW

 

  1. His work before the Traffic Commissioners has involved work on behalf of corporations in respect of applications for the revocation of operators’ licences following convictions for environmental offences and for local authorities in respect of allegations of breaches of road traffic legislation.

 

  1. In TRANSPORT ARENDONK v CHIEF CONSTABLE OF ESSEX, the Claimant, a Dutch haulage company was represented by Barraclough KC leading Simon Clarke of Smith Bowyer Clarke Road Transport Lawyers

 

The claimant had been contracted to transport a valuable cargo of designer sports material from Belgium to the United Kingdom. Having arrived in the UK and driven to Essex the driver was arrested for a drink drive offence. The pleaded case was that the officers who arrested him refused to permit him to contact the operator so that the load might be safeguarded. It was left over night in a remote area known to be at risk from specialist thieves. The Chief Constable applied to strike the claim out. The application was refused in the court below. The Chief Constable appealed to Laing J who dismissed the appeal.

 

On 23 January Mrs Justice Elizabeth Laing handed down an important police liability judgment in the High Court in London (see reports and papers section).

Her judgment provides a detailed review of the legal principle and in particular Dorset Yacht v Home Office, Alexandrou v Oxford, Michael v Chief Constable of South Wales, Robinson v Chief Constable of West Yorkshire, CN v Poole Borough Council and the academic paper by Tofaris and Steel “Negligence Liability for Omissions and the Police”

(The report is in the papers and reports section)

  1. RB KC acted for the Dutch international haulage company in the Court of Appeal made an important judgment on the law relating to civil penalties and clandestine entrants to the UK.

BOLLE TRANSPORT BV v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2016] EWCA CIV 783 involved an appeal against a civil penalty imposed on the appellant (a major Dutch international haulier) by the Secretary of State for the Home Department pursuant to the provisions of the Immigration and Asylum Act 1999 on the grounds that, upon arrival of one its vehicles at the international Royal Mail depot at Langley, Berkshire, six “clandestine entrants” were discovered hiding in the appellant’s trailer. The clandestine entrants were found in a sealed trailer containing a consignment of Royal Mail packets loaded in Frankfurt secure air side and destined for Royal Mail premises in the United Kingdom.

The appeal raised important issues as to the construction and application of Part II of the 1999 Act and the extent of the statutory defence available to carriers to avoid liability as “a responsible person” to a penalty for the entry of clandestine entrants into the United Kingdom and the extent to which the Secretary of State and any court on appeal must take into account an absence of any fault in the haulage company when deciding to levy a penalty, the extent to which the Code of Practice is to be adhered to and principles of strict liability. The Court of Appeal when granting permission to appeal described the grounds as raising important questions of principle.

 The report is in the reports and papers section.

 

 

HEALTH AND SAFETY, DEATH AND INJURY CLAIMS

 

  1. Barraclough KC has spent many years practising in this area of law and has been involved in a number of multi million pound claims for death and catastrophic injury (see for examples the reports and papers section)

 

  1. He has acted for individuals, hospitals, factories, car manufacturers, London Underground and railway companies amongst others.

 

  1. He represents major insurers by way of direct access. He was named as Insurance Barrister of the Year by Lawyer Monthly in 2018.

 

  1. He has an interest in structures generally from buildings and factories to individual gantries, cranes and equipment and in particularly liability for He has experience of construction claims.

 

  1. He has a particular interest in psychiatry and stress claims.
  2. The breadth of his experience covers PVS and other brain damage cases, devastating skeletal and soft tissue injuries, asbestos related conditions, post traumatic stress claims, claims for medical negligence including matters relating to by way of example obstetrics, delayed diagnosis of cancer.

 

  1. He is expert in the analysis of scientific issues. He works easily with accountants.
  2. He undertakes round table settlement negotiations at any stage of proceedings.
  3. He was Audit Counsel in the Benzodiazepine litigation.
  4. He was instructed in the Myodil litigation.
  1. CUTTER v EAGLE STAR INSURANCE CO. LTD. [1998] 4 AER 417 (compulsory third party insurance). Collision in a car park. Definition of “road” for the purpose of Council Directives and S145(3)(a) RTA The judgments of both the Court of Appeal and House of Lords are in the papers and reports section.

 

  1. He conducted the defence of a major security company in relation to the provision of body armour and injury following armed robberies.

 

  1. He has been involved in cases where a patient escaped from a psychiatric hospital and committed suicide and a resident who escaped from a local authority care home and was injured.

 

  1. His knowledge and experience of criminal and civil liability work makes him the perfect advocate and advisor in health and safety matters.

 

 

LECTURES AND ACADEMIC WORK

 

  1. He has delivered lectures to the British Thoracic Society (asbestos related law), and to Solicitors (in crime, civil and planning including inter alia abuse of process and the Ogden Multipliers), to senior investigating officers of the Metropolitan Police on homicide investigation and murder trials and to schools on the anatomy of knife murder.

 

  1. He addressed the Hotel Forum 2015 on hotel security and liability in the context of child exploitation. The forum focused on hotel security, brand margin, international travel and critical success factors for a new hotel brand.

 

  1. He advised one of the large hotel chains on liability where a hotel might be used for the purposes of child exploitation.

 

  1. He has written a paper on the issues of liability in this context which deals with the liability of hotel operators in areas where high levels of sexual exploitation of young people can lead to their misuse and their involvement in crimes against vulnerable people. In the article he discusses the issues that arise from co-operation with the police and involvement in surveillance operations and the risks that these entail. He also draws on legal principles from other jurisdictions, and in particular on the experience of other countries in dealing with the problems, in particular, the experiences of Australia and the United States.

 

  1. He addressed an event dealing with the risks and liabilities faced by the hospitality sector in circumstances where their property may be used by those engaged in child sexual exploitation crime.

 

In his presentation, he dealt with the issues concerning when a hotel will be liable in negligence for child sexual exploitation, examined recent judgments and discussed the steps needed to protect the reputation of hotel and hospitality operators.

 

  1. In 2017 he was invited to become a Fellow of the University of Hull Wilberforce Institute and participated in the “The Wilberforce World Freedom Summit Eradicating Contemporary Slavery” (in association with the Humber Modern Day Slavery Partnership). He addressed the summit on legal solutions to modern day slavery.

 

Amongst the issues covered in the presentations given by  Barraclough QC included those arising from modern slavery in the hospitality industry, good practices in dealing with vulnerable witnesses and defendants in criminal cases, and recommended practices with regards to human trafficking cases.

  1. He conducted a workshop for post graduate students at the Institute entitled “The Legal Dynamics of Modern Slavery Cases: What Lessons can be Learnt“.

 

  1. On 20th he delivered a presentation entitled “R v Rebelo: The complexities and ramifications of the case” at the Royal Society of Medicine conference “legal and forensic conundrums in complex high profile homicide”. The presentation provided an analysis of unlawful act and gross negligence manslaughter after Rebelo placed an unsafe food namely the toxic chemical DNP used as a slimming agent, on the market for human consumption and the two Court of Appeal judgements

 

  1. Barraclough KC was interviewed by the American Science journalist Jessica Wapner and discussed the Rebelo case prosecuted by him and Gordon Menzies and deaths linked with DNP. Jessica Wapner has been investigating the link between DNP and the death of a number of vulnerable individuals and in particular those who suffer eating disorders. The Podcast “Warrant for his Arrest” considers the attempts by FDA agents to prosecute the distributors of DNP in the United States. The FDA investigations have focused on mail fraud and the misbranding of drugs.

In the same Podcast she interviews Richard Barraclough KC and Gordon Menzies who have a special knowledge of food law and homicide in the United Kingdom. They were instructed by Sarah Wilson of Harrow Council as food safety and standards enforcing authority, to prosecute Bernard Rebelo for manslaughter. He had supplied DNP to Eloise Parry who died, having consumed the chemical for weight loss. He was convicted and sentenced to 7 years imprisonment. As Wapner says, this prosecution changed the cases in the United States “entirely” and “for the first time in history someone selling DNP had been found guilty of manslaughter”. Richard Barraclough KC has advised the Crown Prosecution Service on a similar case involving the supply of DNP by a supplier based in the United States.

The podcast is in the reports and papers section

A link to the podcast can be found here 

  1. He has written a paper on the art of advocacy and Aristotle the Three Pillars of Advocacy

(see reports and papers section).

 

  1. Following a complex cross generational case of child abuse he researched and wrote a paper entitled “Genetic Predisposition to Paedophilia and Child Abuse”

(See the papers and reports section)

 

  1. RB KC has undertaken a fact finding trip to Jamaica to see how restorative justice operates in that jurisdiction. He wrote:

 

“A group of one Kings Counsel, three retired judges (two criminal court judges and one family court judge), two international commercial lawyers one a former Nigerian Senator two medics and one author were invited by the Minister of Justice of Jamaica, Honourable Delroy Chuck KC MP to visit and observe the criminal courts in Kingston Jamaica.

 

The Jamaican Government through the Minister of Justice has provided the courts with considerable resources both as to infrastructure, funding and resources.

 

Particularly impressive is the Governments approach to restorative justice.

 

Jamaica retains the Judicial Committee of the Privy Council as the final appellate court. Some of us will remember appearing in appeals to the Privy Council in capital cases. Capital punishment has been in abeyance since the late 1980s.

 

The hierarchy of courts in Jamaica comprises the Court of Appeal, which is the highest appellate court in Jamaica, the Supreme Court which has unlimited original jurisdiction in criminal, family and civil cases. The Parish Courts are the backbone of the system. The work of these courts is “geared towards protecting the constitutional right of every Jamaican to equal and due process under the law”. The Parish Court has a civil division, special coroners court, coroners court, tax court and criminal division. The jurisdiction of the civil division is determined by value (generally J$250M).

 

The Criminal Division of the Parish Court will deal with most criminal cases including unlawful wounding, assault, abandoning a child, larceny, fraud, forgery, corruption, conspiracy, robbery, house breaking, criminal damage, administration of poison, drugs offences including importation and transportation. The court can try cases summarily and on indictment.

 

The Parish Court’s sentencing powers are limited to three year’s imprisonment save for praedial larceny (theft of agricultural and similar products) and robbery when the maximum sentence is 4 years and certain forgery offences and importing, cultivating, selling transporting and possession of cocaine when the maximum is 5 years.

 

There are over 800 legal aid empanelled attorneys, a 100% response rate in assigning Duty Counsel matters within 24 hours of receiving a request, attorneys for legal representation being assigned within 3 days. In 2023/2024 FY J$381M was paid for Legal Aid services, an increase from J$156M in 2016/2017 FY.

 

In the Parish Courts approximately 98% of cases were completed within 24 months, 90% of cases tried and completed within 12 months with less than 2.5% of cases in backlog.

 

The aim now is to complete simple cases within 3 months, standard cases within 6 months, complex cases within 12 months and all cases within 18 months.

 

Courts are being renovated, repaired and rehabilitated.

 

In his presentation the Minister of Justice said that Restorative Justice “continues to be one of the flagship programmes within the Social Justice Division of the Ministry. It seeks to resolve conflicts by having all parties involved in the incident as well as the community engage in a circle with a focus on restoring the relationships. This fosters a more peaceful and harmonious society. The programme has maintained a high success rate and remains readily accessible to citizens in all 14 parishes. This has been done through public awareness campaigns, restorative practice training and sensitisation sessions across civil society, schools churches and communities. In 2023/2024 the hard working RJ staff and dedicated facilitators conducted more than 2,300 case conferences for referrals concerning harms or crimes committed. A total of 1,853 agreements were signed which in most cases restored relationships between the disputing parties…we recognise that if we are to make major strides in curbing maladaptive behaviours and promote a “talk it out don’t fight it out” culture we must strengthen the partnerships with our churches and schools. Though these partnerships we have coordinated more than 381 Restorative Practices Trainings. These sessions have benefitted over 8,707 school administrators, parents and students, individuals from faith based organisations and other key stakeholders from the private sector….we are ensuring that Restorative Justice remains a solid alternative for Jamaicans to resolve conflicts with 400 trained facilitators  with another 140 in training and more than 20 Justice Centres island wide..”

 

We sat in the Return Court presided over by Senior Parish Court Judge Honourable Sanchia Burrell. We saw Restorative Justice in practice. The process took a couple of months from the judge identifying which case might benefit from the process, the parties returning to court and informing the court what they had learnt, pleading not guilty to the indictment and the Crown offering no evidence. This was not simply the bringing together of victim and criminal after conviction. It was a means of seeking to teach those involved in mainly domestic and anti social criminal behaviour just how they might seek to resolve their differences without resorting to violence. The judge felt able to communicate directly with the defendants in tough but empathetic manner and the defendants plainly demonstrated the positive effect of restorative justice described by the judge as a “gift from the Jamaican Government”.

 

RICHARD BARRACLOUGH KC

HH LESLEY NEWTON former Senior Circuit Judge and Designated Family Judge

HH HERNANDEZ former Circuit Judge

HH WARNER former Circuit Judge

UDOMA UDO UDOMA commercial lawyer and senator in the Federal Republic of Nigeria from 1999 to 2007 and Federal Minister 2015-2019

SALLY UDOMA  former General Counsel for Chevron Europe Eurasia and the Middle East Exploration and Production.

BILL WITTER commercial lawyer and General Counsel”

Education

MA (Oxon)

Former Solicitor of the Supreme Court

Appointments

  1. Master of the Bench (Inner Temple)
  2. Legal Advisor to the General Medical Council and former Legal Advisor to the General Dental Council
  3. Former Chairman of the Bar Council’s Disability Committee
  4. Now Honorary Fellow of the University of Hull, Wilberforce Institute.
  5. Teacher of Vulnerable Witness Handling at the Inner Temple
  6. Member of the Royal Society of Medicine (RSM)

Other Appointments

Trustee of the Ursuline Preparatory School and former governor of the Ursuline High School and Wimbledon College.