General Crime

James is a specialist criminal barrister who defends and prosecutes a broad spectrum of serious offences.  He is known for his thorough preparation, calm collected approach, devastatingly good cross examination and his natural ability to connect with juries.  He is a graded prosecutor on the List of External Advocates for the CPS and is on the grade C Panel of the Attorney General’s List of Prosecuting Counsel.  Current instructions include prosecuting a drugs supply conspiracy, a child abduction and sexual assault case and being led by QC in an historic sexual assault case.

Fraud & Regulatory

James has a keen interest and growing practice in fraud and regulatory work.  He receives regular instructions from CPS London in high value and complex frauds.  Recently he was instructed as leading prosecuting counsel in a £1/4 million conspiracy to defraud involving 3 defendants and over 3,000 pages of used material.  Other significant instructions include prosecuting Operation Omega which was a conspiracy to defraud various companies and banks by a number of individuals.  He advised the CPS on European Arrest Warrants and Extradition in connection with the case which resulted in one of the main organisers being extradited from Bulgaria, pleading guilty and being sentenced.  Recently James prosecuted a professional conman who defrauded his victims in excess of £750,000.  The defendant was sentenced to 9 years' imprisonment and an confiscation order was made under POCA.  James was 'commended' for his efforts in the case by the judge.

Following on from James' appointment to the Attorney General's List, he is a favoured advocate by the Department for Work and Pensions and is briefed on a wide spectrum of benefit fraud cases ranging from the most straightforward to cases involving substantial overpayment, legal argument and factual complexities. Recent instructions include advising pre-charge on two major operations involving organised and sophisticated criminal cells defrauding the welfare system in excess of £700,000.

He also receives instructions from the Department of Health (National Health Service) and the Department for Business (formerly the DTI) prosecuting individuals for a wide range of offences.  Recently James acted as sole prosecution counsel in Operation Evergreen which involved a significant and sophisticated fraud upon the NHS involving complex computer data.

James is regularly instructed by the CPS Central Fraud Group (formerly HM Revenue and Customs Prosecution Office).  He was led by the late Philip Henry in a complex tax fraud against Queen's Counsel and regularly prosecutes as sole counsel in other revenue frauds.  He is also instructed by UKBA in cash detentions, forfeiture hearings and large scale importations.  Recently he successfully prosecuted an importer involving forensic and phone evidence where the defendant received 12 years' imprisonment.

James has experience of regulatory work such as appeals against refusals to grant or renew taxi licences, shotgun and firearm certificates.

Human Rights and Prison Law

James also specialises in prison law.  He travels all over England and Wales to represent prisoners who are in need of professional representation before the Parole Board in relation to mandatory and discretionary lifer panels and recalls to prison.  He also advises on prisoners rights and treatment whilst in custody and is experienced in settling grounds for judicial review.

Police Law

James is regularly instructed in cases involving Closure Orders, Anti-Social Behaviour Orders, Sex Offenders Prevention Orders, Football Banning Orders (he was one of 3 counsel in London to deal with cases relating to the recent World Cup in South Africa) and confiscation orders (under POCA 2002 and CJA 1988).  He was led for the defence on a large confiscation case under the Criminal Justice Act 1988 which raised complex legal and factual issues.

Recently James was instructed by the Metropolitan Police in the first ever application in England and Wales for a Gang Injunction (Policing and Crime Act 2009). At the final hearing the judge in the County Court made the order in the terms sought for 18 months.

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Cases

Fraud & Regulatory

R v. Akhlaghi, Southwark Crown Court - 2011: Instructed by CPS to prosecute a professional conman who had defrauded his victims in excess of £750,000. Sentenced to 9 years' imprisonment. Confiscation order made under POCA. Judge "commended" James for his efforts on the case. Leave to appeal refused.

R (Department for Health (NHS)) v. Fayoyin & Mabun (Operation Evergreen), Aylesbury Crown Court - 2010 to date: Instructed to prosecute two defendants for fraud and money laundering in a significant and sophisticated insider fraud by a senior manager within a Primary Care Trust of the NHS. The case involved complex computer data. Both defendants unanimously convicted after a 3 week trial. Mabun, the senior manager within the Trust received 4 years' imprisonment and Fayoyin, the banker received 3 years' imprisonment. Confiscation proceedings to follow.

R (Department for Health (NHS)) v. Pirouznia, Snaresbrook Crown Court - 2010:Instructed by Department of Health to prosecute a dentist for fraud.

R v. Smith, Lang & Nicolson, Southwark Crown Court - 2008 - 2010: Instructed by the CPS as leading prosecuting counsel (leading Jennifer Newcomb from Chambers) to prosecute a £1/4 million conspiracy to defraud a brewery. Confiscation proceedings followed.

R v. Joseph Robinson, Southampton Crown Court - 2008 - 2010: Instructed as junior counsel to the late Philip Henry by Revenue & Customs in a high value, document heavy Tax and VAT fraud. Defendant was represented by Queen's Counsel. After a 5 week trial defendant was unanimously convicted on 3 counts of making false statements on tax returns with intent to defraud HM Revenue & Customs and of cheating the Public Revenue. Sentenced to 3 years' imprisonment. Confiscation proceedings under the Criminal Justice Act 1988 followed where the Judge made a confiscation order over £524,000, ordered costs of £142,000 and made a Financial Reporting Order for five years.

R v. Kohli, Harrow Crown Court - 2008 - 2009: Instructed by the Department for Work and Pensions in a document heavy complex benefit fraud case involving over £96,000. Defendant pleaded guilty and confiscation proceedings under the Criminal Justice Act 1988 followed.

R (Department for Health (NHS)) v. O'Sullivan & Townes (Operation Jodi), Chelmsford Crown Court 2008 - 2009: Instructed by the Department of Health to prosecute a dentist and his receptionist for conspiring to defraud the Dental Practice Board. The dentist pleaded guilty to false accounting on a limited but accepted basis of plea and was sentenced to 4 months' imprisonment. The case was reported in the East Anglia Daily Times and The Mirror newspapers.

R (Department for Health (NHS)) v. Reyes, Kingston Crown Court - 2008: Instructed by the Department for Health (NHS) to prosecute a Consultant Surgeon for false accounting in relation to his declarations made to the Trust as to his private practice earnings.

R v. Daly & Daly, Portsmouth Crown Court - 2008: Instructed by the Department for Work and Pensions in a complex, document heavy benefit fraud involving legal arguments over hearsay, admissibility and exclusion of evidence. After a nine day trial both defendants were convicted of a three year benefit fraud involving £31,535. The case was reported locally in which the anti-fraud minister said "This is an excellent example of our success at tackling benefit theft...". Defence sought leave to appeal against conviction which was refused.

General Crime

R v. AD (Guildford Crown Court) 2010 - 2011: Defended a father alleged to have wilfully assaulted his prematurely born baby. The case involved a wealth of expert evidence from paediatricians.

R v. Gibson, Luton Crown Court, 2010: Instructed to prosecute a reverend for perverting the course of justice. The case involved expert Psychological and Psychiatric evidence looking at the defendant's cognitive functioning and the effects of medication. The Defendant was convicted.

R v. G & Others, Croydon Crown Court - 2010: Defending youth in 7 handed conspiracy to convert criminal property. Case involved over 1,300 pages of used material, voluminious unused material, CCTV and detailed forensic phone analysis.

R v. Stewart, Canterbury Crown Court - 2009 - 2011: Instructed by CPS UKBA Unit (HM Revenue and Customs Prosecution Office) to prosecute this minder for importation of cocaine. The case involved forensics, phone evidence and foreign enquiries via letters of request. Defendant was convicted and sentences to 12 years' imprisonment. Confiscation order made.

R v. Akinci, Central Criminal Court - 2008: Instructed by the CPS to prosecute a drugs case at the Old Bailey.

R v. Davies, Peterborough Crown Court - 2006: Instructed for defence in a death by dangerous driving case which had many aggravating features; excess speed, disqualified at the time of offence and 12 times previous, previous convictions for no insurance and reckless driving, twice over the legal limit for alcohol, blood sample showed drugs in his system and never taken a driving test.

R v. AP & Anor, Middlesex Guildhall Crown Court, 2005: Defended a high ranking member of the MOD for possessing and distributing indecent images of children. Sentenced to a Community Order.

R v. Gray & Others, Kingston Crown Court - 2004: Junior Counsel in a multi-handed series of armed robberies. VHCC Case.

Confiscation

R v. Goussev & Gusev, Haywards Heath Magistrates Court - 2009: Instructed by RCPO in 3 day forfeiture hearing. Successfully forfeited several thousands of pounds.

R v. Shabbir, Stoke-on-Trent Crown Court - 2007 - 2008: Instructed for defendant as junior counsel in a sizable confiscation hearing in which the Crown asserted that the defendant had benefited from criminal conduct in a sizable amount of money and had traced assets of his to outside the jurisdiction of the United Kingdom.

Human Rights and Prison Law

Re: Gibbons - 2007 - 2008: Initially advised applicant on avenues of redress where his licence had been revoked by the Secretary of State for the Home Office after the CPS offered no evidence on a criminal charge which was used to justify recall to prison. After this advice was received, the applicant was immediately released. Thereafter advised claimant on pursuing damages for false imprisonment. The Home Office conceeded liability and damages were more than trebled after advising on quantum.

Re: Middleton, Parole Board 2006 - 2008: Represented applicant who had served over 40 years in closed prisons for arson when first instructed. Reasoning behind why he had not moved on was because no open prison would take him due to his offence and the materials that open prisons are made out of. Since I was instructed he was moved to a category D open prison.

Police Law

Commissioner of Police of the Metropolis v. JM, West London County Court - 2011: Represented the Metropolitan Police in the first ever application to be sought for a Gang Injunction under the Policing and Crime Act 2009 in England and Wales. The order was granted in the terms sought for 18 months.

Commercial

Haller v. Deutsche Bank and Anor, Commercial Court (Cooke J.) - 2007: Second Junior to Jonathan Goldberg QC and Pascal Bates representing the claimant in a sizable commercial dispute claiming over US$ 1 Billion.

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Seminars

James has given CPD seminars on how to prosecute effectively in fraud cases for the Department of Work and Pensions. 

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Publications

Disability Discrimination, Crime Bulletin, Spring 2009.

Charging in DWP Cases after R v Mote, Fraud Bulletin

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