Profile description
Criminal law
Julian both prosecutes and defends throughout England maintaining a balanced practice undertaking general criminal work, including defending clients charged with the most serious criminal offences. He has a particular specialism in road traffic and transportation cases. He has appeared on Radio 4’s 'Unreliable Evidence' series talking about his experience defending in road traffic cases and makes frequent appearances on the BBC discussing this field. Julian was awarded the 2014 Acquisition International Motoring Barrister of the Year award and the 2015 Acquisition International Road Transportation Lawyer of the Year award.
Road Traffic Law
I am able to advise and assist you should you risk getting points on your licence or a ban from driving. If you are charged or summonsed with drink driving, speeding, no insurance, driving whilst on a mobile phone, an offence under s. 172 of the Road Traffic Act 1988, careless driving or face a ban by being a totter who has reached twelve points or more contact me immediately.
I have a vast reservoir of expertise in these areas and can give you solid advice backed up with years of practical experience. I can go through the process with you and assist you in defending your driving licence or securing the most favourable result in your circumstances whilst highlighting any salient mitigating features.
Motoring Success
Here’s an example of some of my recent road traffic cases – a niche area in which I have successfully represented many individuals:
Drink Drive Success
Persuading the court that my client was not driving a vehicle whilst over the drink drive limit when police evidence suggested no one else could have been driving the vehicle. The client was a builder by trade and required his van for work. Through careful cross-examination of the police witnesses I was able to cast sufficient doubt on the prosecution case for the court to acquit the client. This enabled the client to keep his licence and his livelihood.
Disqualification Success
Arguing that there were special reasons not to disqualify a drink driver. Through the selection of appropriate medical evidence clear submissions I was able to persuade the court not to disqualify the client for the mandatory minimum three year period as this was his second drink driving offence. By arguing that there had been a genuine emergency the client received 8 points and a fine. As an HGV driver this meant he was able to keep driving rather than face the devastating consequences of a ban.
Appeal Success
Representing a young driver at the Crown Court on appeal who had received an excessive three year ban for a driving offence. I was able to persuade the Crown Court judge to lower the ban with reference to the sentencing guidelines and the errors the district judge at the magistrates court had fallen into.
Mitigation Success
I represented a driver facing a five year ban. Through careful preparation of his mitigation I was able to have this ban substantially lowered making the disqualification workable. The client had been a professional gardener by trade.
Totting Ban Success
I have undertaken many exceptional hardship cases in which clients have received twelve points and faced an immediate ban. I have represented company directors and professional drivers along with tradesmen who require their car or van as part of their livelihood. With my tactical knowledge and experience increase your chances of protecting your licence.
Continued Success
I spent three years working as Senior Crown Prosecutor for the CPS. This has given me an unprecedented insight into criminal cases allowing me to approach cases in a pragmatic and sensible manner. Interesting road traffic cases I prosecuted included a contested road traffic case in which the former England footballer Joe Cole was the Defendant. I know from my time as a prosecutor what arguments will work and what arguments will fall on deaf ears. I am also very experienced at failing to provide reasonable excuse defences having prosecuted many of these cases whilst at the CPS. If you have a reasonable excuse for not providing a sample of breath I will be able to tell you whether it is a case worth pursuing through the courts.
Finally, I was awarded the Acquisition International UK Motoring Barrister of the Year prize in 2014.
Serious crime and regulatory offences
I am also able to assist and represent you in more serious criminal and regulatory offences in both the Magistrates' and Crown Courts. Please see the list below of criminal cases that I have been instructed in in recent years:
- R v C, B and C (Wood Green Crown Court) – Led Counsel defending in three handed murder (7 week trial) (Feb to April 2013)
- R v S (Hove Crown Court) – Led Counsel in two week murder trial. Double stabbing in pub in Hastings area (Sep 2012)R v W and S (Old Bailey) – Led counsel in two week complex credit card fraud trial. Prepared by counter-terrorism unit of Met Police. (2012)
- R v D (Wood Green CC) – Represented Vietnamese money launder in £617000 complex POCA case involving s. 23 applications and application to discharge restraint orders. Drafted and argued applications for certificate of inadequacy (2012)
- R v SW (Woolwich CC) – Child neglect case. Mother accused of child cruelty on 8 year old daughter. (2012)
- R v E (Woolwich CC) – Represented informant at Crown Court in private hearings described by judge as having worst burglary record they had seen (2012)
- R v NH (Woolwich CC) – Aggravated burglary. Defendant was 18 year old girl at time of knife point burglary on mentally ill lone woman. (2012)
- R v B (Woolwich CC) – Representing members of Jamaican family all charged with passport offences arising out of falsely claiming British parentage and therefore with right to UK passports (2012)
- R v NF (Inner London CC) – London riot case (burglary – suspended sentence on Goodyear indication) (2012)
- R v DG (Croydon CC) – Appeal of driving disqualification to CC. Disqualification decreased by a year (2012)
- Defended several Defendants in Class A test purchase operation cases (2012)
- R v SH – Benefit fraud trial of 72 year old woman of good character. (Amount alleged to have been taken – £20000) (2012)
- Adjudicator v JA – Represented prisoner charged with inciting others to disobey lawful command of prison officer. Charge dismissed after forceful submissions on law relating to incitement (2011)
- R v E – Drink drive acquittal in the teeth of police evidence that E was driver of the vehicle (2012)
- G v Parole Board – Sir Lankan national (illegally in UK) on IPP applying for release. Orginal offence was the multiple stabbing of a woman on a bus. (2013)
- E v Parole Board – Prisoner had stabbed and strangled partner to death before having sexual intercourse with her dead body. Applying for release on licence conditions. (2013)
- F v Parole Board – Female prisoner had murdered neighbour following argument over music at a barbeque via multiple stabbings. Applied for release into community on licence conditions. (2013)
- H v Parole Board – Defendant recalled for breaching various licence conditions. Admitted breaches and successfully released on stricter conditions back into community. (2013)
Council Tax Appeals
I am a direct access barrister who undertakes Valuation Tribunal and Council Tax work. In this age of austerity-riddled councils seeking to obtain Council Tax arrears from tenants and landlords (which can often amount to several thousand or tens of thousands of pounds) it is critical that you get the right advice in this field. Councils and Billing Authorities will and do enforce Council Tax debt through the courts including via bankruptcy orders and charging orders.
Council Tax law can be difficult to understand being a species of tax law. It is important that you get advice on whether to pursue a Council Tax matter through the Valuation Tribunal. I can help you with representation at the Tribunal, evidence gathering and any other legal difficulties you might be facing in relation to your Council Tax matter. I can also represent you at Valuation Tribunals and draft correspondence and statements on your behalf.
Very often good early advice can save a large amount of time and effort in this complex field. I travel the length of the county and can arrange meetings to be had by phone, video conference or at my offices in Central London.
Housing, Property and Licensing
Julian is one of the country’s foremost barristers in the area of Housing Act law and property licensing matters. Julian has particular expertise in relation to the law of Houses of Multiple Occupation, which encompasses far more rental properties than landlords and property owners realise. Julian got into HMO law many years ago, spotting this as a growth area, and has written the leading book in this field.
In Housing Act related cases, Julian can prevent the matter going to court and thus frequently avoids the likelihood that a landlord or agent will obtain a criminal record.
Often the outcome will be a complete exoneration or a much-reduced civil penalty in cases where the landlord, owner or agent is culpable, either through ignorance or deliberate breach of the Housing Act and related legislation and regulation. Julian is one of the most experienced barristers in this highly complex legal area. Julian offers preferential rates to clients of Landlords Defence because of the level of expertise and advice applied to cases.
Julian's HMO practice includes the following services:
- Defending you in court
- Dealing with court summonses
- Fighting Civil Penalty Notice fines
- Breaches of HMO Management Regulations
- Breaches of the Housing Act 2004
- Breaches of Right to Rent legislation
- Contesting tenant claims for Rent Repayment Orders
- Defending letting agent prosecutions or penalty notices
- Property Tribunal appeals
- Breaches of Selective Licensing, Additional HMO Licensing
or Mandatory HMO Licensing criteria
Julian literally wrote the book on the law surrounding quasi-criminal local authority prosecutions under the HMO regulations. His book is available to purchase here: http://www.lawbriefpublishing.com/product/thelawofhmos/
