Richard is a specialist criminal practitioner with significant experience in the fields of fraud and intellectual property crime.

He is an established practitioner in criminal trade mark matters, having appeared in a number of high-profile prosecutions. In consequence, he is experienced in advising in matters of complexity and volume. Richard is very familiar with confiscation proceedings (having lectured on the Proceeds of Crime Act 2002 soon after the Asset Recovery Incentivisation scheme was introduced) and has appeared in cases involving the first Restraint and Confiscation Orders made in favour of local authorities.

Recent defence work includes cases of murder/manslaughter, serious violence, fraud and sexual assault. Richard also undertakes advisory work in Jersey and assisted the defence in respect of one of only two individuals charged in connection with the allegations of child abuse at Haut de la Garenne Children’s Home.

Richard is regularly instructed to prosecute on behalf of a range of local authority client departments including trading standards, planning, corporate anti-fraud and environmental health. Richard has experience in prosecuting large corporations (including Sainsbury’s, TK Maxx, Argos, Iceland, JD Wetherspoon, Focus (DIY), Forbuoys) in respect of consumer protection and trading standards offences and has prosecuted a number of individuals, businesses, architects and property developers for a range of other offences including breaches of TPO’s and Enforcement Notices.

Richard is also able to advise as to the channels through which to seek mutual legal assistance from foreign jurisdictions and is experienced in drafting letters of request for judicial execution.

In addition to being approved counsel for a number of local authorities, Richard is also on the list of approved counsel to represent the London Emergency Fire and Planning Authority, the Law Society and is a Grade 3 CPS prosecutor. 
 

Notable Cases
 
Operation Augusta – Prosecution Counsel in the ‘world’s largest eBay fraud’.  First counsel instructed, advising Trading Standards from a very early stage of the investigation (see below). 

Focus (DIY) Ltd. v Hillingdon London Borough Council [2008] All ER (D) 117 - a ‘seven-question’ appeal by way of case stated arising from convictions for selling ladders that failed to comply with British Standards - all questions were answered in favour of Hillingdon, including upholding the largest sum of costs ever awarded in their favour.

R v Miah [2008] EWCA Crim 7 - test to be applied for discretionary disqualification from driving for offence of perverting the course of justice.

Murder/Manslaughter/Serious Violence

Marcus Haswell - Attempted Murder – defendant and co-defendant said to have lured friend to the top floor of a block of flats in south London where they then stabbed him twelve times to the head and chest before trying to throw him over the balcony – alibi involved assertion that the defendant was visiting a friend who was looking after one of his Staffordshire Bull Terriers – reported in the press as ‘seeing a man about a dog’– acquitted.

Brian Howard – defendant alleged to have threatened to kill and subsequently stab a colleague on a government sponsored work scheme for the long-term unemployed.  Successful application to stay proceedings as an abuse of process on the grounds of bad faith by the police.   

Shazad Sattar – (with Andrew Jefferies QC) - murder of homeless man by ex-West Ham youth footballer and one other.  Reduced to manslaughter at trial of which the defendant was subsequently acquitted.

Ashwinder Kaur (with leading counsel) - one of nine youths said to have tortured a 16 year old boy in a bedsit in West London over the course of 24 hours, inflicting over 60 separate injuries.

Serious Sexual Offences

FG - Rape – music promoter alleged to have raped musician after live concert – successful half-time submission on basis of reasonable belief in consent.

KH – successful defence of man accused of sexually assaulting a friend’s twelve year old daughter.

Fraud

Michael Turner – defendant and others said to have been involved in a high-value conspiracy to steal plant equipment from building sites and industrial units before shipping their stolen cargo to Cyprus for onward sale.  Plea entered on limited basis and following extensive legal argument, confiscation order made in the sum of £100. 

Andrew Gamble - (with Matthew Pardoe) – Conspiracy to Defraud – one of four defendants alleged to have diverted the sale of vast quantities of architectural ironmongery from a large wholesaler by abusing their contacts and credit arrangements.

Trade Marks

Richard Brayford – the ‘Persil Plot’ – an attempt by 8 defendants and others to flood the market with 25,000 kilos of counterfeit washing powder smuggled into the UK from Shenzen in China.  Evidence comprised of a comprehensive six-week surveillance operation conducted by Unilever.

Gary Bellchambers & Others (Operation Augusta) – (with A. Davis and J. Green) - one of the most significant investigations ever undertaken by a Trading Standards Department and regarded as ‘the world’s largest eBay fraud’ (over 100,000 transactions conducted on eBay alone).  Global conspiracy spanning five year period involving vast number of people in the UK and abroad concerning the sale of counterfeit golf clubs, clothing and accessories, in addition to fake complimentary passes to first class airport lounges.   

General Healthcare Ltd. (No.2) – (with Andrew Campbell-Tiech QC) – prosecution of company and director for counterfeiting of rival pharmaceutical company’s products.  Complex case involving historical licence agreements, the relationship of civil and criminal law and the jurisdictional reach of the Trade Marks Act.

Richard Harris – prosecution of ‘Pirate DVD King’ for hundreds of ‘Trade Marks’ and ‘Obscene Publications’ offences committed over the course of two years in Surrey, Cambridge and London.  One of the largest multi-authority prosecutions of its kind.

O’Donnell & Others - (with Jonathan Green) - sophisticated conspiracy involving the manipulation of eBay accounts for which contrived trading histories had been created using multiple identities, enabling distribution of vast quantities of counterfeit luxury items.   

Michael Potter – undercover investigation conducted by Nike International into the sale of trainers bearing Nike trademarks. Guilty pleas entered following three days of legal argument concerning entrapment, jurisdiction to prosecute and breaches of PACE. Significant confiscation order imposed.

Food Safety and Hygiene

JD Wetherspoon Plc - West London Magistrates’ Court – prosecution of well-known pub chain concerning unhygienic kitchen conditions.

Three Horseshoes Public House – series of offences concerning poor food safety standards and pest infestation.

Kings Kebashish – prosecution of food business operator for electrical safety breaches and failure to implement and observe HACCP principles.

General Healthcare Ltd. (No.1) – prosecution of company and director for obstructing an investigation into the sale of toxic Royal Jelly following a refusal to disclose the details of the retailers and distributors to whom the toxic product had been sold.

SNK – Ongoing investigation into the largest outbreak of  salmonella enterides since the mid-90’s.

Environmental Health

JD Sports Plc – prosecution of company for repeatedly failing to take measures to prevent the escape of commercial waste.

Johal – prosecution of skip hire company for covering a householder’s garden in waste following a dispute over fees.

Pheasant Nursery Ltd – prosecution of company for unlawfully depositing and burning waste on private land.

Planning Enforcement

Michael Shanly Homes Ltd – prosecution under the Town and Country Planning Act against large property developer for wholesale breaches of Tree Preservation Orders.

R & H – prosecution of two prospective property developers for clearing a large swathe of green belt land of trees protected by an area TPO, prior to submitting a planning application to build 250 houses.

Virk – prosecution of local councillor (who sat on planning sub-committees) for breach of Enforcement Notices relating to Houses in Multiple Occupation of which he was the landlord.

Consumer Protection

PMS International Group Plc – prosecution of one of the UK’s largest importer of toys from China for selling goods with excess/dangerous levels of heavy metals in the paint.

Poundland - prosecution of store for selling knives to minors following targeted operation using covert camera equipment on child test purchasers.

SAS Fire and Security Ltd – extensive and complex UK wide alleged fraud and unlawful conduct under the Consumer Protection from Unfair Trading Regulations.  Ongoing.