Bryan Cox KC
Commendations refer to his skill as an advocate as “outstanding”, and cite his “ability to master detail, and quickly identify the issues”. They refer to his “enviable track record”
“he is resourceful and commits himself wholeheartedly to the case” (The The Legal 500)
Practice Overview
Bryan Cox is a specialist in Crime and Child Care law who has been consistently highly commended in the legal directories as a leading silk in Crime and Regulatory Law. In 2018 the The Legal 500 short listed him as Circuit Silk of the Year. Before taking Silk, he specialised in Crime, regulatory law and Judicial Review, and since taking silk he has focussed on defending in high profile cases of homicide in the Crown Court, and representing parents in child care cases in the Family Court.
Since taking silk in 2006, many of his criminal and care cases have been those in which medical issues have been foremost, for example cases of child suffocation, strangulation and poisoning. He has wide experience of appearing in cases concerning ‘shaken baby syndrome’, and he is very familiar with the medical debate and relevant literature in that area, and he has extensive experience of cross-examining the leading experts in the applicable fields of neuropathology, paediatric neuropathology, ophthalmic pathology, histopathology and paediatric radiology. His expertise in medical cases places him in demand both in the Criminal and Child Care jurisdictions. In Care Proceedings he frequently represents parents in major fact finding and welfare hearings, especially those concerning allegations of head injury and, serious sexual abuse, and allegations of factitious or induced illness. He is experienced in dealing with clients who are vulnerable whether by reason of age or neuro-diversity, such as autism spectrum disorder. He is familiar with the learning in these areas.
Before taking silk, his practice included Crime, Judicial Review and Regulatory Crime. He was appointed to the Attorney General’s ‘A’ List, and he often prosecuted and defended in major high profile cases arising from fatalities in train derailment, chemical explosions, and industrial accidents. He often represented public bodies and major corporations in Health and safety prosecutions and chemical spillages, and he was instructed on behalf of teaching staff in relation to fatalities in schools and during outdoor activities; he has appeared at a number of high-profile inquests such as the ‘Stainforth Beck’ inquest when 2 children died during school river walking activities. Before taking silk, he was very experienced in defending serious sexual allegations and he is very familiar with the issues that arise in such cases such as abuse of process, disclosure and public interest immunity.
He sits as a Recorder, and is authorised to try Crime, including serious sexual offences, and Civil Cases. He has an interest in Human Rights, and was recently instructed in the class action brought by 20,000 Kenyans against the Foreign and Colonial Office in respect of abuses committed by the security forces during the Kenyan Emergency during the 1950’s
Areas of Practice
Bryan has vast experience in the criminal courts, including 16 years in silk. His criminal work in silk has predominantly been cases of homicide. He has a particular expertise in conducting cases where complex medical issues are prominent such as those concerning complex issues of medical causation and ‘shaken baby syndrome’; he is very familiar with the medical issues in those cases and considerable experience of cross-examining leading experts in the fields of neuropathology, paediatric neuropathology, paediatric radiology, paediatric ophthalmology, and histopathology. He is familiar with the relevant legal and medical learning in this area. In recent years he has defended cases involving allegations of suffocation, poisoning and strangulation. He has conducted numerous cases where blood distribution has been key evidence, and he is experienced in the cross-examination of experts in this and other scientific fields. The majority of his criminal work is ‘high profile’, and the majority of his recent cases have been reported widely in the national media. He frequently defends in gang and firearms cases, including those involving young defendants.
He accepts private instructions to defend sexual allegations; before taking silk much of his work consisted of defending in serious sexual cases, often historic allegations, and he is very familiar with abuse of process applications, public interest immunity, and the disclosure issues that frequently occur in such cases. In silk he has appeared in ‘cold case’ prosecutions, including cases of historic rape where the DNA evidence has been central, and he is authorised to try serious sexual cases as a Recorder.
Bryan regularly represents parents in fact finding and welfare hearings. Many of these cases involve serious sexual allegations or serious violence. Bryan is accustomed to appearing remotely or in person as required, and has conducted a number of major fact-finding hearings remotely. Bryan has extensive experience of baby shaking cases and head injury cases in the family and criminal jurisdiction, and he is accustomed to cross examining the leading paediatric neurologists, paediatric radiologists, paediatric pathologists, ophthalmologists and histopathologists who frequently give evidence in such cases. He is familiar with the legal and medical learning in these areas. He is also accustomed to appearing in cases where medical causation is in issue, such as suffocation, poisoning and strangulation. On occasions, his recent cases have had an international dimension including Brussels 2 issues.
He is experienced in dealing with vulnerable neuro diverse clients; he has represented autistic parents in fact finding and welfare hearings, and he is familiar with the relevant legislation and statutory Guidance applicable to those working with autistic parents. He has represented parents (including autistic parents) in cases where factitious induced illness and factitious induced illness in another have been alleged, and he is familiar with the learning, literature and Guidance in this field. He is very experienced in the cross-examination of medical witnesses including psychological and psychiatric evidence, and his long experience of cross-examining professional witnesses in the criminal courts is an advantage in the most contentious care cases.
The majority of Bryan’s criminal work is high profile, and usually widely reported in the local and national media, such as R v Graham – the Newcastle prosecution of a man for murder notwithstanding the absence of a body.
In recent years his work has included included:
R v Barrass (2020) -Sheffield mother who killed her children
R v Jacob Mwanza (2020) -One of the Sheffield students acquitted of ‘gang murder’
R v Earnshaw (2021)– the brutal killing of a security guard in Huddersfield “the samurai sword murder’
R v Layton (2021)– Stockton murder of motorist in presence of his child
A selection of reported cases include:
R v Baird 97 Cr App R. [1993](severance; Indictment Rules)
R v Rydale District Council (Ex Parte Smith) (meaning of intentional homelessness)
R v Ghazi [ (money laundering- construction of legislation)
R Hendry 88 Cr. App. R. 187 (criminal procedure-withdrawal of jury)
Re H [2004]UKHL.3 2 AC 134 (Public Interest Immunity)
R v Bonellie 1 Cr, App. R. (s) 55 (construction of schedule 21 CJA 2003)
Re BB (Care Proceedings: Mid trial Withdrawal and Dismissal of Allegations)[2021] EWFC 20
R v Kimathi (and others) v Foreign and Colonial Office (a substantial class action brought by 20,000 Kenyans in relation to abuses committed in Kenya during the 1950’s)
Author of the Law of Special Educational Needs (Croom Helm 1989)
Bryan has lectured members of the profession on a wide variety of topics including: Disclosure in Sexual offences; Public Interest Immunity: Los of Control – special defence to murder; Freedom of Information; Judicial Review.
Professional Endorsements
The The Legal 500
Over many years he has been consistently highly recommended as a leading silk.
Recent, commendations refer to his skill as a trial advocate as “outstanding”, and cite his
“ability to master detail, and quickly identify the issues at trial”
Commendations refer to his “enviable track record”, and state that
“he is highly rated for homicide and serious crime”,
“he is resourceful and commits himself wholeheartedly to the case” and
“a great choice for homicide”
A recent commendation states that he is
“An extremely thorough advocate who takes into account all views before extolling his legal wisdom”
In 2018 he was shortlisted by The legal 500 in the category “Circuit Silk of the Year”
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