Richard Barraclough KC

Criminal Law

Richard is frequently brought in to lead in criminal cases involving death, abuse and significant medical issues including “shaken baby syndrome”. He has been engaged to lead in gang murders, murders involving complex scientific issues and as specialist Counsel approved by the Court to represent a defendant who was otherwise unfit to plead. He has undertaken the defence of a number of psychiatric patients accused of murder.

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

He has also been involved in a case involving the illegal exportation of arms to the Middle East.

In 2017 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.

Criminal Law Cases

R v Tahir (2021) S2 Terrorism Act 2006.

R v Burnett (2021) 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.

R v Alabaoso, Matimba and Tejan (2021) Prosecuting County Lines revenge murder of opposition drug gang member in gang warfare case.

R v Rebelo (2020) Prosecuting retrial in DNP manslaughter case with appeal to Court of Appeal.

R v Islam (2020) Defending 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.

R v Roach (2019/2020) Prosecuting County Lines revenge and control of market inspired murder.

R v Dugbo (2019) Environmental waste recycling fraud.

R v Smith (2019) Fraud by veterinary surgeon in horse sale case.

R v Shepherd (November December 2018 January 2019) Drug related execution of a subordinate. Cambridge Crown Court. Subject of Channel 4 two episode documentary “24 Hours in Custody” broadcast in January 2020).

R v ED (2019) Attempt murder by firearm shot twice close up in residential area. Winchester Crown Court.

R v Eldred (April 2019) Prosecuting manslaughter by male of his brother. Maidstone Crown Court.

R v Gledhill (June and July 2019) Drug revenge and gang related execution by firearm. Leeds Crown Court.

R v Rebelo (2018) Prosecuting the distributor of a slimming agent to vulnerable persons causing death, for manslaughter. An academic paper is being prepared on unlawful act and gross negligence manslaughter.

R v Siddique (2018) County Lines revenge murder in residential area of Farnborough Hampshire.

Regulatory Law

Richard’s regulatory practice involves planning enforcement, illegal slaughter/butchery/sale of meat, food safety regulation, fly-tipping, breach of licence conditions, recycling plants, waste, collapsed cranes and other structures.

Richard was recently instructed in an appeal against the revocation by the Environment Agency of waste permit for a London recycling unit. He is also instructed to defend in a case of multi million Pound fraud involving exaggerated claims in respect of electrical recyclable waste an environmental crime perpetuated by fraud.

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.

He has advised in a manslaughter case involving the supply of DNP slimming tablets to vulnerable girls suffering eating disorders.

He is also advising on authorisation in relation to Food Standards Agency and LACORS in prosecutions under Food Hygiene Regulations.

In 2016 he appeared before the National College for Teaching and Leadership on behalf of teacher.

In Birmingham City Council- v –Wyeth (Trading as SMA Nutrition) he 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 field. 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”.

In Momentum Network Ltd [2012] Birmingham Crown Court Richard was Leading Counsel with Lee Bennett in the landmark prosecution of Momentum Network Ltd (trading as ‘Credit Card Killer’) and it’s directors Basil and Amanda Rankine, for fraud and under the Consumer Protection Regulations 2008. The value of the fraud was in excess of £1.8m and was part of a “debt sale” business described by the Office of Fair Trading as a “scam”. He 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.

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.

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

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

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 matters.

R v Kent Magistrates Court ex Parte Folkestone Court Practitioners & Users Group CO/2787/98 Review of decision to close local Magistrates courts

Murphy v Director of Public Prosecutions [1990] 2 AER 390

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

Marine matters

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“.

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.

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).

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

Health and safety, death and injury claims

He has spent many years practising in this area of law and has been involved in a number of multi-millionpound claims for death and catastrophic injury.

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

He represents major insurers by way of direct access.

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

He has a particular interest in psychiatry and stress claims.

He has delivered lectures on this type of claim.

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.

He is expert in the analysis of scientific issues. He works easily with accountants. He is happy to travel anywhere to see clients, sites and experts. He undertakes round table settlement negotiations at any stage of proceedings.

He has an interest in medication and was Audit Counsel in the Benzodiazepine litigation.

He was instructed in the Myodil litigation.

Regina v Hubble  P&O Ferry Pride of Bilbao accident  where 3 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.

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 1988.

Bailey v IBC Vehicles Ltd [1998] 3 AER 570

Burrows v. Montgiardi (costs)

Daniels –v- Heinz (Causation) CCRTF 97/1566/2

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

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.

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

Care Proceedings

Family law where allegations of the most serious criminal conduct are made in fact finding hearings.

Richard is a recognised expert in “baby shaking” cases and recently participated in a 5 week trial where most of the evidence was expert medical evidence and was given remotely from various hospitals including from Western Australia.

With his criminal, medical negligence and personal injury background, he has particular experience in shaken baby cases and this involving, death, catastrophic injury and sexual abuse.

Recent cases

Business Crime

Richard’s frauds practice benefits from his extensive previous experience as a Commercial Solicitor and as such he has successfully undertaken a number of civil and criminal fraud, consumer, regulatory and proceeds of crime cases.

In 2017 he defended in a significant Cross Rail corruption and fraud trial. He represented one of the defendants involved in a multi-million pound corruption involving a rail infrastructure company engaged in bribing individuals engaged in the award of rail contracts.

In 2015 he successfully represented Birmingham City Council in a prosecution involving a loan shark who appealed against a confiscation order made against him for £177,000.00 (R v Chapman (Stephen Roy) 2015 [EWCA] 694).

He led for the defence in the two major cases of local and general electoral fraud (Slough and Bradford) (Regina v Khan 2011 EWCA 2240). He litigated a case of conspiracy to defraud by a significant bank.

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

In 2016 he acted in two separate fraud cases. In the first case, Richard represented a veterinary surgeon in a case involving the sale of drugged and dangerous horses. The trial lasted three months and involved expert evidence called in relation to equine psychology behaviour and conditions, veterinary practice and the effect of drugs on horses.

The second case involved false claims relating to the recycling of electronic waste destined for the Nigerian market.

Civil Law

Richard advises in commercial matters generally including insurance, competition law, bank miss-selling, international trusts, policy matters for a variety of institutions, standard banking terms and construction of wills.

By way of further example he has advised and on occasion been involved in litigation in relation to:

• 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;
• Commercial  contracts;
• Penalty clauses;
• Publishing contracts;
• Franchises;
• Computer licence agreements;
• Land banking schemes;
• Excessive charge back levies;
• 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;
• Force majeure in the context of commercial contracts between certain major insurers and banks;
• Liability of auctioneers for negligence following withdrawal of significant fine art collection by overseas Hong Kong/ American clients;
• Safeguarding;
• Construction of wills and contentious probate issues including a 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.

Richard Barraclough QC Privacy Policy 2022