Nick Paul

Profile

Nick has practised in all areas of criminal and related public law. He has conducted cases at all levels including specialising appellate work. He has been instructed as a leading junior in a wide variety of criminal cases. This has also led to him being instructed in civil actions against the police and Coroner’s Inquests.

He has recently returned to chambers after a period of working for the Crown Prosecution Service Special Crime Division as a Senior Crown Advocate appearing in Court. Whilst there he specialised in cases involving police misconduct. This included being part of a specialist team dealing with deaths in custody. He also handled high profile cases involving senior public figures as well as corporate and medical manslaughter as well as advising in respect of Health and Safety prosecutions.

He has worked for the Judicial Studies Board and Bar Council on the education of Judges and Barristers on Human Rights. He has lectured on Human Rights and Advocacy in China, Mauritius and Bosnia. He trained members of the Bosnian judiciary on the application of the ECHR.

He holds part – time judicial posts as a Deputy District Judge and Immigration Judge.

Criminal Appeals

Nick has been instructed by Liberty and Justice and also conducted death row cases in the Privy Council. He has prepared submissions for applications to the European Court of Human Rights.

Relevant cases:

R v Jones ~~[1991] Crim LR 856.~~ Guidance on continuing trial in absence of defendants.
Baron Dombovar v Met. Police ~~CA [1993].~~ Guidance on application of principles of negligence to police assault cases.
R v Chandler ~~[1993] Cr App R(s)554.~~ Principles applicable to discretionary life sentences
R v Collins ~~[1994]RTR 216~~. Referral from Justice as a Miscarriage case.
Lobban v R [~~1995] 1 WLR~~. Death row case – admissibility of co-defendant’s statement.
R v Corah and Lockley ~~[1995] 2 CrAppR 573.~~ Admissibility of transcripts from previous trial.
R Castillo ~~[1996] 1CrAppR 438~~. Documentary provisions of the Criminal Justice Act 1988.
T v DPP ~~[1996] 2 CrAppR 501~~. Guidance on determining doli incapax by police interviews
Carnduff v CC West Midlands ~~[2004] EHRR (admissibility).~~ Police informants claim for remuneration struck out on public policy grounds.

Homicide and Related Grave Offences

Whilst at the Special Crime Division he reviewed the following types of manslaughter cases:-

Fatalities arising out of a fire in Local Authority block of flats with potential fire brigade culpability at the Lakanal block in Southwark London
Deaths caused by faulty construction methods and inadequate site supervision including the Cross rail construction project, motorway construction and scaffolding accidents.
Gross Negligence of a Nurse who failed to respond appropriately to an asthmatic; surgeon whose operation to remove cancerous tissue caused a patient’s death.
Manager of a care home where one of the patients killed a member of staff.

Other Serious Criminal Offences

R v Laxton Westminster JJ ~~[2009].~~ Prosecution of a senior civil servant for racially aggravated harassment
R v Robert Sloan ~~Southwark CC [2010].~~ Prosecution of a police officer perverting the course of justice

Prison Law and Crime Related Public Law

R v Bingham JJ ex p Bell ~~[1985] (COD).~~ Application of principles of natural justice to role of clerk in decision making process.
R v Rushmoor Borough Council ex p B ~~[1988] 1QB 60.~~ Challenge to “right to buy provisions” as effected by matrimonial relief provisions.
R v SSHD ex p Malone ~~[1993]COD 239~~. Disclosure of reports for a reference under s.17 Criminal Appeal Act.
R v Bakewell JJ and CPS ex p Brewer ~~[1995] Crim LR.~~ Transfer proceedings for serious assaults on children.
R v Ipswich JJ ex p Callaghan ~~159 JP 748~~. Mode of trial determination in multi-defendant cases.
R v CICB ex p S ~~[1995] Admin LR 693~~. Challenge to refusal to award compensation to rape victim.
R v Nottingham JJ ex p Furnell ~~160 JP 201~~. Discussions in chambers in summary trials and natural justice.
R v Horseferry Rd JJ ex p Duong TLR. Right to have evidence called at committal.
R v Stratford JJ ex p Imbert TLR ~~[1999].~~ Article 6 of EHCR and advance disclosure rules in summary proceedings.
R v Dover JJ ex p Vivian ~~[1999].~~ Article 14 on European Convention on Extradition to confiscation orders.
Carnduff v CC West Midlands ~~[2004] EHRR~~ (admissibility). Police informants claim for remuneration struck out on public policy grounds.