Nicholas James

Nick defends in the most serious criminal cases both as leading junior and junior. During the last 2 years Nick has defended in a series of high profile cases. These cases have ranged from conspiracies to cause explosions to multi-million pound money laundering to a conspiracy to produce crystal meth. Nick’s experience covers the full range of issues which arise in serious criminal cases from abuse of process arguments to RIPA covert surveillance and the use of special advocates.

Nick has acted in numerous serious fraud cases including mortgage frauds, banking frauds and tax frauds. He is currently instructed as led junior in a complex charity fraud and as junior alone in a large investments fraud.

He is also currently instructed as first junior for 8 claimants in an action against South Wales Police arising out of the collapse of a police corruption trial in Swansea against the background of a high profile murder case. This case has been ongoing for 3 years and is due for trial in 2015/6.

Serious crime

Nick defends in the most serious criminal cases both as leading junior and junior. During the last 2 years Nick has defended in a series of high profile cases. These cases have ranged from conspiracies to cause explosions to multi-million pound money laundering to a conspiracy to produce crystal meth. Nick’s experience covers the full range of issues which arise in serious criminal cases from abuse of process arguments to RIPA covert surveillance and the use of special advocates.

Notable cases

R v G (2014) – Bristol Crown Court

Nick acts as Leading Junior in this high profile conspiracy to produce class A drugs in Bristol. This Organised Crime Group is alleged to have planned an industrial sized chemical lab to produce Crystal Meth and MDMA. The Crown relies on covert audio recordings, evidence which is the subject to challenge under RIPA. Following the late disclosure of hundreds of hours of recordings during the trial Mr Justice Grigson discharged the Jury and the case will be re-tried in 2015. There will be Abuse of Process arguments.

http://www.thetimes.co.uk/tto/news/uk/crime/article4205245.ece

http://www.dailystar.co.uk/news/latest-news/399479/Breaking-Bad-style-meth-plot-foiled-by-sneaky-police

R v M (2014) – Central Criminal Court

A £37m money-laundering trial at the Old Bailey in which the Crown was forced to offer no evidence once the defence had exposed a wide range of failings in the investigation. This was a factually complex case involving thousands of pages of financial documents. In her judgment HHJ Wendy Joseph QC labelled the NCA incompetent. On behalf of Mohaideen it had been submitted that the Indictment was wrongly cast and that the Crown’s figures were inaccurate. The subsequent investigations led to the end of the case. Nick was led junior.

http://www.theguardian.com/law/2014/dec/02/judge-criticises-national-crime-agency-fraud-trial

http://www.telegraph.co.uk/news/uknews/crime/11268097/Judge-blasts-National-Crime-Agency-after-blunders-cause-case-to-collapse.html

R v N (2014) – Southwark Crown Court

Operation Akan targeted an Organised Crime Group based in Essex and Central London alleged to be supplying drugs and laundering money. In all 18 people were charged. Nick represented a defendant charged with laundering £500k of drugs money through his business in London as junior alone. This was a 7 handed trial which lasted 4 weeks at Southwark CC. The defence involved challenge to expert fingerprint evidence and complex points of law relating to the point at which monies become the proceeds of crime.

R v P (2013) – Stafford Crown Court

Led Junior in a 12 week Conspiracy to Cause Explosions arising out of a series of nail bombs detonated in the Staffordshire area. The defendants included men with links to terrorist groups in Northern Ireland. Nick was junior counsel for the man who drove the bomber to the sites and then assisted him to escape to Belfast. The evidence included covertly recorded conversations from bugged prison visits

R v B (2013) – Liverpool Crown Court

Leading Junior in this 10 week firearms conspiracy involving a Liverpool gang feud. Nick represented the girlfriend of the head of a gang called the Croxteth Young Guns who was said to have helped organise retaliation shootings for her partner. She was the only defendant charged with conspiracy to be acquitted.

R v R (2012) – Liverpool Crown Court

Led Junior in this 12 week high profile murder case. The case concerned the execution of a doorman in Liverpool, who was shot in the face at point blank range with a shotgun. Nick acted for a man who drove the gunman to the scene but denied knowing what was planned. Following a cut throat defence, he was acquitted of murder and convicted of perverting the course of justice having lied to the police during the investigation. The police deployed a covert recording in this case although the evidence was never adduced.

R v G (2011) – Central Criminal Court 

Led Junior defending one of two men accused of a gang related execution on the Broadwater Farm Estate in May 2010. Both defendants were acquitted by the Jury following a 3 week trial involving anonymous witnesses and cell-site expert evidence

R v M (2010) – Snaresbrook Crown Court

Junior alone in a case concerning two counts of attempted murder, possession of a firearm and dangerous driving. The defendant was alleged to have pointed a gun in a man’s face and pulled the trigger. When the gun failed the defendant got in his car and drove away, hitting the man as he did so. Opposing experts were called on the issue of whether this was a deliberate act or simply an accident as he tried to get away. The defendant was acquitted of all counts.

R v W (2010) – Winchester Crown Court

Led Junior Counsel in a substantial Cocaine Importation re-trial. When the re-trial began the Crown sought to have the abuse of process arguments conducted by Special Counsel. This was unprecedented and resisted by the defence. Ultimately the Crown was forced to offer no evidence. The central argument on appeal and at the outset of the re-trial concerned the lawfulness of telephone intercepts.

R v C (2009) – Norwich Crown Court

Led by Sir Desmond De Silva defending a man alleged to be responsible for organising a shooting as a punishment for a drugs debt. The defendant was acquitted of any involvement with the shooting. The Defendant was convicted of other less serious offences following a 10 week trial.

R v G (2009) – Central Criminal Court

Defending an Armed Robbery case concerning an 18 year old Defendant who was acting under Duress. The Defendant was acquitted of both robberies.

R v O’G (2008) – Luton Crown Court

Led junior in a two-handed cut throat Murder case following a fatal stabbing. The Defendant was acquitted of Murder, assisting an offender and affray.

Fraud

Nick has acted in numerous serious fraud cases including mortgage frauds, banking frauds and tax frauds. He is currently instructed as led junior in a complex charity fraud and as junior alone in a large investments fraud.

Notable Cases

R v M (2014) – Central Criminal Court

A £37m money-laundering trial at the Old Bailey in which the Crown was forced to offer no evidence once the defence had exposed a wide range of failings in the investigation. This was a factually complex case involving thousands of pages of financial documents. In her judgment HHJ Wendy Joseph QC labelled the NCA incompetent. On behalf of Mohaideen it had been submitted that the Indictment was wrongly cast and that the Crown’s figures were inaccurate. The subsequent investigations led to the end of the case. Nick was led junior.

http://www.theguardian.com/law/2014/dec/02/judge-criticises-national-crime-agency-fraud-trial

http://www.telegraph.co.uk/news/uknews/crime/11268097/Judge-blasts-National-Crime-Agency-after-blunders-cause-case-to-collapse.html

R v L (2013) – Cambridge Crown Court

Junior alone defending in Operation Magpie, believed to be the largest ever Trading Standards rogue trading prosecution. In total 17 defendants were charged. Nick represented the wife of the main defendant. The defendant was convicted following a re-trial, the jury having failed to reach a verdict at the first trial. An application to stay the case as an abuse of process due to adverse publicity was made when newspapers published prejudicial details prior to the re-trial.

R v M (2012) – Liverpool Crown Court

This was a five-handed insurance fraud involving loss assessors and landlords. Nick represented the only defendant to be acquitted by the jury. The case concerned a variety of fraudulent misrepresentations designed to avoid claims being caught by certain exclusion clauses. The case involved challenging expert evidence from insurance investigators, loss adjusters and mechanical engineers.

R v B (2011) – Southwark Crown Court

Junior alone in a 12 week multi-handed diversion fraud concerning the evasion of £10m of VAT due on imported counterfeit cigarettes. Nick represented the defendant who organised the transport of the cigarettes in the UK. The conspirators were said to have links to the mafia. Evidence included covert recordings, surveillance and cell site. The head of the conspiracy was given the maximum sentence due to the size and value of the fraud.

R v D (2009) – Northampton Crown Court

Led by Junior defending the first Defendant in this 6 handed 17 Count trial primarily concerning a £500k fraud on Northamptonshire County Council as well as money laundering and tax evasion allegations. The Defendant was acquitted of all counts at the conclusion of the Crown’s case following 9 weeks of evidence

R v K (2006) – St Albans Crown Court

Led Junior representing the main defendant in a large scale mortgage fraud. The evidence included many hours of covert recordings.

R v B (2005) – Maidstone Crown Court

Led Junior representing the main defendant in a multi-million pound cigarette smuggling conspiracy

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