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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 phenomenal barrister” in the 2015 edition of Chambers and Partners, Nick specialises in criminal law and regulatory work.

Directory recommendations

Appearing in both the Legal 500 and Chambers and Partners consistently over the last 5 years, he has 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

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 in the Medical Practitioner’s Tribunal Service and has been approved for Fitness to Practice work for several years.  His work in the MPTS has provided him with extensive opportunity to be involved in cases involving medical experts.  He has recently presented a case on behalf of the General Medical Council involving 3 General Practitioners which involved the cross examination of all 3 doctors on matters relating to their specialty and 2 further experts called on their behalf.  He has experience of conducting a wide range of cases including those with complex clinical issues and allegations of dishonesty and sexual misconduct.  He has recently been approved by the General Medical Council to conduct work in the High Court.

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

Senior courts experience

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 ([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 3-224; 4-167; 8-263]

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.

He has very recently secured the reduction by 3 years in the sentence of a man convicted of offences of violence.

He has also been instructed to conduct judicial reviews and appeals by way of case stated to the High Court such as R v Ryder [2011] EWHC 4003 (Admin) – urine samples, specimen tests and catheters; R v Blick [2008] EWHC 2698 (Admin) – operation of s.142(2) of the Magistates’ Court Act 1980;  R v Cruickshanks [2011] EWHC 6125 (Admin) – suspended sentence orders.

Examples of cases 2014/15

General Crime

R v S, P, B and H

Instructed as junior for the Crown in complex appeal against appeal and sentence for conspiracy to murder.  Issues include the calling of fresh evidence, auditory analysis and jury discharge applications ([2015] EWCA Crim 71).

R v NH

Instructed as junior for the first defendant in an allegation of people trafficking before the Crown Court.

R v Murray

Instructed for the appellant in an appeal of a conviction of a murder conviction from 1996 following the discovery of DNA on the murder weapon.

R v P

Instructed to represent a man alleged to have raped a woman on the way home from a night out.

R v S

Instructed as junior for first defendant in a £2 million plus allegation of fraud against the Department for Education and Skills.

R v H

Instructed to prosecute 5 people in £1 million plus allegation of money laundering.

R v Boswell

Represented a man accused of the rape of a stranger outside a nightclub.

R v Lumb

Represented a man accused of the rape of a friend following a night out together.

R v Ayaz

Represented a taxi driver accused of rape of a passenger.

Confiscation

R v Coleman

Instructed post confiscation order in relation to an appeal against a substantial costs order following the grant of a certificate of inadequacy in a confiscation case.

R v Shepherd

Instructed to represent a man, post-conviction, in relation to his POCA proceedings where the benefit from criminal conduct is alleged to be in excess of £6.5 million.

R v Padgett

Instructed for defendant post-conviction in relation to £1 million plus confiscation order application.

Regulatory (Criminal)

R v E Ltd and G Ltd

Instructed to prosecute two companies facing allegations that the companies’ unsafe systems of work were responsible for a man being crushed to death.

R v D Ltd and N Ltd

Instructed to advise on the prosecution of two companies in relation to a fatality in a workplace.

R v Kintore Haulage Transport Ltd

Represented a haulage company in relation to an allegation of spillage of animal by-products on the public highway.

R v SIG Plc

Represented the company in relation to an allegation that an unsafe system of work led to a man being crushed by a reversing lorry.

R v Sweetings of Leeds; Sweetings

Represented the company director in relation to a large scale surveillance based operation by the Environment Agency giving rise to an allegation of the unlawful depositing of non-inert waste.

Regulatory (professional)

GMC v Mr Ruiz Herrero

Instructed to present the case on behalf of the GMC against a consultant orthopaedic surgeon involving allegations he had failed to identify a pathological fracture and had exposed a patient to risk of the spread of osteosarcoma by operating.

GMC v Dr Syme

Instructed to present the case against a General Practitioner whose benzodiazepine prescribing to a significant cohort of patients was contrary to their best interests.

GMC v Drs Frain, Dodgson and Radcliffe

Instructed to present the case on behalf of the GMC against three General Practitioners who had seen all seen a patient for respiratory complaint in the 5 weeks prior to her death from viral pneumonia.

Other

Nick is a registered pupil supervisor and currently has a pupil, Richard Holland.

Panellist for British Fencing Disciplinary Panel.

Outside work Nick enjoys fell running and triathlon (having recently completed his first half Ironman).

 

 

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