Richard is 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.
- Fellow of the University of Hull Wilberforce Institute
- Master of the Bench (Inner Temple)
- Legal Advisor to the General Medical Council and the General Dental Council
- Former Chairman of the Bar Council’s Disability Committee
- Teacher of advocacy at the Inner Temple
Richard has acted for major construction and transport companies including London Underground and Transport for London, car manufacturers, factories, railways, hospitals, schools, insurers and local authorities as well as individuals from company directors to diplomats sons, anti-terrorist officers contract killers, gangs and psychopaths.
He prosecutes and defends in major criminal matters.
Richard is a recognised expert in jury trials and has been involved in a series of high profile murder, 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.
Richard sits as legal assessor to the General Medical and Dental Councils and has broad experience of medical matters. His Coronial practice has involved inquests into deaths following complex medical complications, Article 2 matters and appearance for the Coroner in judicial review.
AREAS OF PRACTICE
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;
- 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;
- 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 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 S (2018) Currently instructed to defend in a drugs related and revenge murder case.
R v Smyth (2018) 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 which could not be linked with the injuries.
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 Harding (2018) Representing a retired teacher accused of historic sex offences on pupils. The case involved historic film recordings made by the defendant.
R v Martin (2017) Defending in a shaken baby death. Undertook the defence of a young father who had been 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
R v Walton (2017) Representing a man charged with murder by shooting of another and disposing of his body.
R v Uddin (2017) Murder by stabbing in broad daylight in residential area. Gang fight.
R v Macdonald (2017) Murder of homeless individual camping in a park.
R v Ali (2017) Killing of youth by another youth using knife in residential area of Leeds. Acquitted of murder.
R v Waring (2017) International Cross rail fraud and corruption trial involving Nigerian railway infra structure.
R v Knight (2016) 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.
R v Waters (2016) Representing a teacher before the Teaching Council on historic sex abuse charges.
R v Barham & Tomlin (2016) Defending in 8 week murder trial. Defending one of two defendants charged with the murder of a vulnerable male living in assisted housing.
R v Mohammed Ibrahim (2015) Murder trial representing defendant. 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.
R v Mundoma (2015) Represented defendant in this murder trial which involved drugs deal that went wrong. Defendant acquitted on murder indictment.
R v Cisar (2015) 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. Leading Chris Wray of Bond Joseph.
R v Slade (2015) 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.
R v Roberto (2015) 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.
R v Chapman (2015) 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. He had argued that his assets and monies were not part of his money lending business and had been accrued by other means. Significant proceeds of crime case.
R v Zuravliovas (2014) 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. The trial lasted 3 months. Richard Barraclough’s performance described as “a masterclass” in advocacy.
R v Clement (2014) Manslaughter following drunken debate between homeless individuals in Canterbury.
R v Peters (2013) Leading for the defence in a cases of gross negligence manslaughter arising from an arson attack.
R v Berry et al (2013) Leading in a significant case of conspiracy to steal railway line throughout the south of England.
R v Ripley 2013 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.
R v Breedon (2013) Leading in a case of sexual abuse of children.
R v Etheridge (2013) Leading in a case of abuse of children.
R v Mitchell (2012) 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.
R v Samuel Roberts [2011/2012] (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”.
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.
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 the 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.
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.
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.
R v Sultan and others  (Leeds Crown Court and Court of Appeal  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. See also Khan where leading for the defence in the Slough election fraud.
R v Parsons  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 Appeal.
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.
R v Fender  Murder, provocation. Leading for the defence of man accused of killing his girlfriend in front of child. Acquitted of murder.
R v Benson  Leading for the defence of a drug dealer accused of the rape and kidnap of one of his female workers.
2010: Defence of anti-terrorist officer involving anonymous witnesses, diplomats and agents.
R v Eggleton  Prosecuting bus driver for manslaughter. Conviction of the driver who ran over a man who was remonstrating with him.
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.
R v Christopher Langham Prosecution of well-known actor and writer for possessing child images and unlawful sex.
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).
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.
R v Matharu Leading in the case of murder of wife in a so called “honour “ killing when the defendant disembowelled his wife after he had formed an irrational belief that she was having an affair. Defence was the “Othello Syndrome” (insane jealousy).
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 hyper excitation, the cross examination of the Crown’s pathologist and the calling of a number of defence pathologists.
R v Azram Leading for the defence of Iraqi tortured by the then regime who then committed murder in the UK.
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.
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.
Richard’s regulatory practice involves planning enforcement, illegal slaughter/butchery/sale of meat, 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 also recently 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  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  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  2 AER 390
Acted on behalf of the DTI (now DBERR) under the employment agency regulations
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.  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  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.
2018 “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.”
2015 “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 in there for them”
2014 “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”
THE LEGAL 500
2017 “Recommended for serious crime cases.”
2016 “Highly recommended for serious sex trafficking and homicide cases.”
2015 “His presence in court is second to none”
The Latest News and Cases From Richard Barraclough QC
Follow our blog for further information on the latest news and cases from Richard Barraclough QC, and all other members of our team.
The Latest News and Cases From Richard Barraclough QC
Follow our blog for further information on the latest news and cases from Richard Barraclough QC and all other members of our team.
Aristotle and the Three Pillars of Advocacy …Or a few thoughts on advocacy whilst at the coal face Richard …by Richard Barraclough QC
We are all used to the one blow which results in the victim falling backwards and striking his/her head and …by Richard Barraclough QC
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