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Welcome to

New Park Court Chambers

"Regarded as ‘one of the most prominent sets for crime in the North of England’."
- Legal 500 2015

Private Client

"Clients 'would strongly recommend New Park Court Chambers to anyone looking for a strong criminal or regulatory lawyer'."
- Chambers and Partners 2016

Nicholas De La Poer 2003

N de la Poer 1

Described as “a silk in the making”, “a phenomenal barrister”, “wonderfully persuasive” and “brutally effective”, Nicholas De La Poer specialises in criminal law and regulatory work.

DIRECTORY RECOMMENDATIONS

Chambers and Partners 2018

Nick is listed in two categories in the Chambers and Partners 2018: Crime and Financial Crime:

Crime:

Known for his expertise in serious fraud cases.  Also experienced in homicide and sexual offences.”

His advocacy and preparation is always carried out to the highest level and the dedication he brings to cases is second none

He is exceptional in fraud and technical cases.”

Financial Crime:

Praised for his practice in fraud and financial crime, as well as in related regulatory matters.”

He is extremely able, personable and charming.  I would say he is probably one of the most organised juniors I have ever come across.” 

He is a silk in the making.

Legal 500 2018

Nick also appears in the latest edition of the Legal 500: “Recommended for defending in serious criminal cases

Other directory recommendations

Appearing in both the Legal 500 and Chambers and Partners consistently over the last 7 years, he has been described as “a phenomenal barrister” (Chambers and Partners 2015).  He has also been noted for being “outstanding” and “dedicated” (Legal 500 2013), “very impressive” (Legal 500 2012) and “bright and impressive” (Chambers and Partners 2012).

In terms of case management it has been said Nick’s “research skills are first class and he is able to grasp difficult factual, legal and medical concepts really quickly” (Chambers and Partners 2016) and his “real quality lies in his preparation and knowledge” (Chambers and Partners 2014). He receives praise for his “ability to pick cases up at very short notice and quickly get immersed in them.” (Chambers and Partners 2010)

So far as legal argument and advocacy are concerned his “advocacy is excellent. He’s wonderfully persuasive and informative in court and his written arguments are also highly impressive.” “He immediately puts clients at ease, he’s always fully prepared and can tackle the most complex cases (Chambers and Partners 2017). His “advocacy sets him apart; he has a persuasive style that engages judges and juries” (Legal 500 2016), his “advocacy is always measured and calm, but also brutally effective” (Legal 500 2015) and is “a very effective advocate, very good on the law and a very good lawyer to have on your side.”(Legal 500 2011).  He is “a wonderful advocate, whose knowledge and application of the law are truly exceptional” (Chambers and Partners 2014).

AREAS OF PRACTICE

In the course of 2017 Nick has been instructed in several cases involving crimes of homicide or in which fatalities have occurred.  These include murder, conspiracy to murder and manslaughter, as well as cases involving fatalities which were said to have been caused by breaches of the health and safety legislation.

Criminal law

Nick prosecutes and defends.  He is approved by the Crown Prosecution Service as the highest grade of junior barrister, Grade 4, qualifying him to prosecute the most serious cases in the Crown Court.  He also appears on the Crown Prosecution Service’s specialist fraud list and specialist proceeds of crime list.  He has experience of being involved in the most serious cases in the criminal canon including murder, manslaughter, rape and serious sexual assault, fraud and money laundering involving sums in excess of £1 million, people trafficking, kidnap and blackmail.

Within the criminal law Nick has a particular interest in fraud and proceeds of crime cases.  He has been described as “one of the few genuine confiscation experts on Circuit” (Legal 500 2012).

Nick is regularly instructed in cases post-conviction to consider appeals against conviction and sentence, post-conviction to deal with proceeds of crime and post confiscation order to consider appeal and/or variation.

Regulatory (criminal)

Nick’s interest in regulatory matters has led to him being instructed both for the prosecution and the defence in the Crown Court in cases involving fatalities in the workplace.  He has had experience of being instructed to prosecute and to defend cases involving local authorities, the Health and Safety Executive and the Environment Agency.

Regulatory (professional)

Nick also appears regularly before the Medical Practitioner’s Tribunal and has been approved for Fitness to Practice work for several years.  His work in the MPT has provided him with extensive opportunity to be involved in cases involving medical experts.

Nick has experience of representing police officers in misconduct proceedings.

Nick also has experience of representing a member of the British Association of Counsellors and Psychotherapists (BACP).

Nick accepts instructions to represent interested persons in inquests and has experience of Article 2 compliant proceedings.

SENIOR COURTS EXPERIENCE

Court of Appeal, Criminal Division

Nick has experience of successful appeals against conviction, sentence and confiscation orders in front of the Court of Appeal, Criminal Division.

In 2007, at 4 years call, Nick successfully appealed the conviction of John Kepple for wounding with intent contrary (R v Kepple [2007] EWCA Crim 1339).  The appeal centred on the trial judge’s prevention of cross examination of the main prosecution witness due to the absence of the defendant.  It is the leading authority on the duties of counsel during a trial where a defendant is absent [Archbold 3-222; 4-167; 8-262 & Blackstones D15.88].

In R v Dansby [2009] EWCA Crim 1911 Nick mounted a successful appeal against the benefit attributed to a defendant, arguing that a tenant’s life interest should be taken into account when valuing a defendant’s interest in a property under s.79 and 84 of the Proceeds of Crime Act 2002.

In R v Bailey [2015] EWCA Crim 395 Nick successfully appealed a sentence of 12 years for offences of violence, resulting in a reduction to 9 years.

In R v McGuffog [2015] EWCA Crim 1116 Nick successfully appealed a conviction for causing death whilst uninsured.  The appeal was out of time by some period and arose out of a change in the law.

In R v Slade [2015] EWCA Crim 71 Nick was instructed as a prosecution led junior to defend an appeal against a conviction for conspiracy to murder.

In R v Coleman [2016] EWCA Crim 1665 Nick was instructed 11 years after a costs order was imposed by the Crown Court, with a view to quashing it on the basis of the defendant’s subsequent change in circumstances.

High Court

Nick has also been instructed to conduct judicial reviews and appeals by way of case stated to the High Court.

In R v Blick [2008] EWHC 2698 (Admin) Nick was instructed to represent the applicant in a case concerning operation of s.142(2) of the Magistrates’ Court Act 1980 and whether the Magistrates’ Court should have granted an adjournment.

In West Yorkshire Probation Board v Cruickshanks [2011] EWHC 6125 (Admin) Nick successfully represented the respondent in an application brought by way of case stated relating to the imposition of the requirements under a suspended sentence order.

In R v Ryder [2011] EWHC 4003 (Admin) Nick represented the applicant in a stated case concerning urine samples, specimen tests and catheters in cases involving allegations of drink driving.

In B v The Crown Court at Leeds [2016] EWHC 1230 (Admin) Nick was instructed to represent the applicant in an application by way of case stated following the upholding by the Crown Court of the Magistrates’ Court sentences of a youth.  The application was successful.

In Henderson v CPS [2016] EWHC 464 (Admin) Nick was instructed for the applicant in an application by way of case stated in relation to alternative verdicts in Magistrates’ Courts.  The application was successful.  This is now the leading authority on this question.

In JE v Birmingham City Magistrates Court [2017] Nick successfully represented the CPS in resisting an application to judicially review / case state a decision of the Magistrates to convict a youth.

EXAMPLES OF CASES IN 2016/17

General Crime

Operation Circus (2016): defence counsel in fraud trial.  Representing former Independent Financial Advisor in relation to allegations of involvement in £5m + Ponzi fraud.

Operation Polyburg (2016/17): prosecution led junior in murder trial.  Case arising out of the fatal stabbing of a man in Cecil Avenue in Bradford.

Operation Wingpond (2017): prosecution led junior in police corruption trial.  Case involving allegations against Police Inspector and his son of stealing drugs, instead of destroying them, from West Yorkshire Police.

Operation July (2017): defence counsel in drugs conspiracy trial.  Case involving allegations of conspiring to supply Class A drugs.

R v Rispin (2017): defence counsel in rape trial.  Case involving allegations of non-recent sexual assaults by stepfather against two stepdaughters.

Operation Rumble (2017): prosecution leading junior in conspiracy to defraud.  Case involving allegations of using a flaw in telephone system and impersonation of police officers to defraud the elderly and vulnerable.

Operation Peabourne (2017): prosecution led junior in murder trial.  Case arising out of the shooting of man in a barbershop in Chapeltown.

Operation Backbar (2017): prosecution led junior in fraud trial.  Case involving an allegation of £11m + VAT fraud.

Operation Butlerbriar (2017): prosecution led junior in manslaughter trial.  Case involving an allegation of causing death by gross neglect.

Regulatory (Criminal)

UUW v Omega Proteins Limited: defence counsel in case involving allegation of breach of discharge consent.

RBC v Iceland: prosecution counsel in trial following death of contractor at supermarket store in Rotherham.

HSE v Smith: prosecution counsel in a case involving allegations of exposing roofing apprentices to risk of serious harm and death.

HSE v The Website (Leeds) Ltd: prosecution counsel in a case following finger severing and crushing injuries.

LCC v LF: defence counsel in case involving allegation of breach of permitting requirements.

Regulatory (non criminal)

Nick has been instructed, together with Paul Greaney QC to represent a Core Participant in the Grenfell Tower fire public inquiry.

OTHER

Nick is a registered pupil supervisor.  He has had two pupils, both of whom are now successful tenants at New Park Court Chambers: Richard Holland and Amy Levitt.

Panellist for British Fencing Disciplinary Panel.

Outside work Nick enjoys fell running and triathlon and has successfully completed a half ironman.

 

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