Nigel Lickley QCHead of Chambers

Year of Call: 1983
Year of Silk: 2006
Secure Email: nigel.lickley.qc@3paper.cjsm.net
Telephone: 01962 868 884  

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Overview

Head of Chambers, Nigel Lickley QC is a criminal specialist. His work includes general and regulatory crime and fraud. He prosecutes and defends.

Expertise

  • Crime
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    Nigel Lickley QC is a criminal specialist. His work includes general and regulatory crime and fraud. He prosecutes and defends.

    Recent cases:
    Privy Council

    • Lawrence v The State [2014] UKPC   2 : Successful appeal against murder conviction from Jamaican Court of Appeal. Successfully argued issues concerned dock identifications and confession evidence of younger brother of co accused. Case also concerned, lack of good character direction, jury management amid alleged tampering / intimidation, directions to the jury, retrial  and alternative defences.
    • Ackerley v Her Majesty's AG for the Isle of Man [2013] UKPC 26: Successfully resisted appeal against  conviction. Case concerned sexual assault and admissibility of expert evidence in the context of the defendants autism. Responses to questioning, admissions, delay and interview techniques relevant.

    Murder / Manslaughter

    • R v T (2016 – P) - Murder female barber murdered at work by ex partner after abuse, torment and threats to kill.
    • R v P (2016 – P) - Murder and attempted murder of father and son by ex wife / mothers’ new partner.
    • R v NP (2016 – D) - Murder and attempted murder by drug user of drug dealer and associate.
    • R v G and M (2015 – P) - Murder of vulnerable adult by two  young defendants, social media abuse, tricked to go to meeting despite warnings. Audio recording of murder.
    • R v L and others (2015 – P) Murder  - Bigamous husband killed and then concealed / disposed of body of wife. Others involved in assisting offender and perverting the course of justice.
    • R v S (2015 - D) Murder. Filicide - murder by mother of child and attempted murder of second child following marriage breakdown and depression. S. 37 MHA 1983 Hospital Order made without S.41 MHA 1983 restriction.
    • R v R (2014 – P) Murder – Son murdered his father and dismembered body parts hidden in storage boxes. Financial motive for killing. Defence of diminished responsibility argued.
    • R v B and others (2014 – D)   Manslaughter. Club doormen charged with unlawful act and gross negligence manslaughter following death of man after restraint.
    • R v C (2014 - P) Murder of  baby and earlier offences of GBH with intent (skull and rib fractures) by father. Triad of injuries established after shake / impact event leading to collapse and death.
    • R v Benguit - [2014] EWCA Crim 690 Court of Appeal Criminal Division. Renewed appeal by Omar Benguit following his conviction for the murder of a female student in Bournemouth in 2005. The case was referred  to the Court by the Criminal Cases Review Commission based on (i) Issues of evidence / credibility  and (ii) The recent convictions of Danilo Restivo for  murder in the UK of  a mother in her own home  in Bournemouth shortly after the index offence  and for an earlier murder in Italy. It being alleged that he was a potential alternative suspect. The Court rejected the appeal and upheld the conviction
    • R v Dennehy (2014 - D) -  Three murders  of men in Peterborough and two attempted murders of strangers in Hereford. Full life term imposed.
    • R v H (2013 P)  Murder / manslaughter (diminished responsibility) issues. Victim killed by friend and body mutilated then dismembered and disposed of in parts. Case concerned use of cat hair DNA to match hairs from Defendant’s cat and those found on a curtain used to wrap torso of the victim. As a result Leicester University have established the UK’s first cat hair DNA database. Defendant assisted by an intermediary.
    • R v S and others (2013 – P) Drug gang member related murder of drug user from another group following chase. Issues including extent of any joint enterprise, and disassociation.
    • R v W and others ( 2012 – D) – group stole from an associate, assaulted and then murdered victim having detained him in a flat over a weekend. Body disposed of and burnt in a bin.
    • R v Brand (2012 P) – knife point robbery and murder of stranger pursued from a pub late night in quiet residential street in Dorset. Appeal concerning adducing of new evidence successfully resisted.
    • R v Vincent Tabak (2011 - P) - Murder of Joanna Yeates. Bristol Crown Court, October 2011.
    • R v Donovan (2011-P) - Murder and three attempted murders by submariner on board HMS Astute.
    • R v X (2011 - D) Child cruelty allegations against father of small child. Injuries to different areas of body including fractures suggestive of different mechanisms of force being applied. Case brought after High Court Family division 'fact finding hearings'.
    • R v. Butkus 2011 (D) Lithuanian defendant charged with murder when he and deceased were observed to be fighting by coastguard when at sea in a small boat.
    • R v S and Others (2010 - D) - Death occurred following a pub fight. Causation issues arose following determination of cause of death and the rare brain injury suffered by victim. Lawfulness of first blow delivered by S and the uncertainty as to which impact may have caused the fatal injury central to case.
    • R v Y (2010 - P) - Death by stabbing of defendants brother following her intervention in a fight between her brother and her partner. Provocation and lawful defence of another issue in case.
    • R v Kibbuka (2010 - P) - Murder of wife and deliberate sedation of children permitting crime to be committed.
    • R v Towers (2009 - D) - Murder of elderly lady by relative.
    • R v B and B (2009 - P) - Murder of man walking his dog by strangers.
    • R v Conan (2009 - D) - Double killing of young mother and four year old child by father. Significant change of mental state between deaths only one hour apart. Development of mental impairment sufficient to justify diminished responsibility finding on second death.
    • R v Crook (2008 - D) - Double killing of parents. Significant pre-event psychiatric history. Defendant unfit to stand trial issue of 'doing the act' resolved by jury. Defendant unable to attend trial. Conducted throughout by video link.
    • R v Lovell (2008 - P)- Death of elderly mother by son. Significant pre event psychiatric history.
    • R v Maitland (2008 - P) - Murder of landlord by tenant.
    • R v Healy (2008 - P) - Murder of victim during robbery in own home.

    Fraud / Revenue and Customs

    • R v H (2012 – D)  banking finance fraud alleged concerning financing of business development site.
    • R v S and Others (2009 - 2010 D) - RCPO prosecution of large scale alcohol excise fraud (operation Tangello).
    • R v B and Others (2010 - D) - Large scale importation and distribution of drugs.
    • R v C (2009 - D) - Insurance company fraud by staff following flood claims and need for work to be performed.
    • R v W (2008 - D) - NHS fraud

    Health and Safety / Trading standards / Regulatory

    • R v C and others (2015 - P) Trading standards prosecution concerning operation of solar panel business. Convictions for unfair / misleading contracts and fraud - Consumer protection from unfair trading regulations 2008. Multi victim case across South East England.
    • R v B and others (2013 - P) Trading standards prosecution concerning builders. Convictions for unfair / misleading contracts and fraud - Consumer protection from unfair trading regulations 2008. Multi victim case across two prosecuting authorities region.
    • R v X (2013- P) Trading standards prosecution concerning operation of letting business and misuse of deposits. Convictions for unfair contracts - Consumer protection from unfair contract regulations 2008. POCA recovery ordered.
    • R v LSC and Others (2009 - D) - Fatal accident due to fall from high level after scaffolding collapse.
    • R v SSG (2008 - D) - Prosecution of specialist glazing company following fall by contractor from plaza dome at Centre Parcs' complex at night when replacement glass panels being installed.

    Sexual offences

    • R v Porter (2008 - D) - Serious sexual offences alleged against young male. Victims very young females.
    • R v Gomart (2009 - D) - Trafficking of prostitutes.

    Notable Cases

    • R v Tree [2014] - Represented Joan Tree in the fake bomb detector case. Her husband Samuel Tree claimed that plastic devices that he made in his garden shed could detect bombs. Mrs Tree was sentenced to 2 years imprisonment suspended for two years plus 300 hrs community work. For further information see BBC World News - Nigel Lickley

    Reported cases include:

    • Ackerley v R – [2013] UK PC 26. - Admissibility of expert evidence in context of sexual assault – interviews, questioning, explanation for comments and change of case.
    • R v Thompson and Hanson [2007] 1 WLR 1123 - Availability of prosecution right of appeal following dismissal hearing - S. 58 Criminal Justice Act 2003.
    • R v Lang [2006] 1 WLR 2509- Leading authority regarding sentencing of 'Dangerous offenders' under CJA 2003.
    • R v Benguit [2006] EWCA 1953- Murder / Bad character use of - CJA 2003
    • R v Emmett and Emmett [1996] AC 773 House of Lords - Proceeds of crime. Defendant's acceptance of prosecutor's statement - mistake of law. Use / extent of / limits of agreements for purposes of determining benefit etc.
    • R v Torode [1999] EWCA CRIM 281- VAT fraud / confiscation. Telephone intercepts / Public Interest Immunity hearings / disclosure.
    • R v Cox [1998] EWCA 1458- Harassment - stalking / use of statements when witnesses unavailable due to ] EWCA 1789Historical sexual abuse - severance / abuse of process.
    • R v O'Prey [1998] EWCA 3339 - Dangerous driving / drugs offences incorrect basis of sentencing.
    • Represented Oxfordshire County Council in successful prosecution of two rogue trader builders (Link)

    Case work examples
    Importation of Drugs

    • R v Rochester and Others (2007) - Instructed to prosecute the confiscation hearings following earlier convictions for importation of cocaine from Jamaica and money laundering offences. Case concerned large scale benefit and the recovery of hidden assets, properties in the UK, rental income, joint ownership with partners and assets owned abroad. Maximum term Financial Reporting Order made - S.76 Serious Organised Crime and Police Act 2005.
      R v Brian Brendon Wright aka 'The Milkman' (2007) - Prosecution of head of international drug smuggling operation following evasion from justice for seven years. See R v Soares below.
    • R v Soares and Others - Multiple linked trials - large scale international smuggling of cocaine from the Caribbean.
    • R v Doyle and Others- Cocaine / cannabis importations from Jamaica - drugs concealed in container consignments of vegetables.
    • R v Plunkett and Others - Criminal Justice (International Co-operation) Act 1990 prosecution. Large consignment of drugs recovered on a vessel in Bay of Biscay bound for Northern Europe.
    • R v Lopez, Wright and Phillpott - Cocaine / heroin importation via cross channel ferries - drugs dropped into to the sea to be located by sensor beacons / transmitters / divers.
    • R v Emmett and Emmett - Fishing trawler importation of cannabis via Devon port.

    VAT Fraud

    • R v Ozanne, Torode and Others - MTIC / Missing trader / Carousel offending - inter community VAT fraud / abuse of European mobile telephone market. The case was the first MTIC fraud prosecuted in the UK. It involved the multi million pound diversion of mobile phones with large scale loss of revenue within the European market and the Channel Islands. The case was complicated by issues relating to sensitive material [see above R v Torode] and disclosure.

    Fraud/Corruption in Public Office

    • R v Davis and Hann (2007) - Head and deputy of special needs school convicted of conspiracy to defraud their employers Hampshire County Council. Case concerned abuse of petty cash system, payroll increases and the use of school funds for personal gain / benefit over a four year period.
    • R v Simon Michael (2007) - Advanced fee fraud. Multiple victims worldwide induced to invest many millions of pounds in non-existent projects or to help others. Complicated banking trail existed with many transfers and withdrawals. Accounts used worldwide. Foreign enquiries particularly in Africa. Lengthy confiscation hearings - hidden assets found to exist.
    • R v Lelliott- Allegations of corruption - Local Government / awarding of engineering contracts - tendering process / council approvals / committee reports.
    • R v Robertson - Fraudulent Trading. Large scale £1.5m Fraud perpetrated on Government 'Individual Learning Account' scheme
    • R v Norton - Fraudulent trading - widespread abuse of company accounts for private gain.
    • R v Seymour - Fraudulent trading - charity fraud - special schools and celebrity sporting events.
    • R v Thompson - Inland Revenue prosecution - offences of cheating the public Revenue. Properties purchased in false names and proceeds moved to family bank accounts offshore to avoid tax consequences.

    Murder

    • R v Cordner (2007) - Murder of wife by husband using petrol. Detailed expert evidence regarding use of fuel, ignition and fire spread.
    • R v Carr - Murder of 18 year old in macabre manner by 12 year old female.
    • R v Nobes - Domestic husband / wife murder following breakdown in relationship - divorce
    • R v Benguit- Motiveless killing of female Korean Student - conviction after two retrials.
    • R v Jones - Knife killing of associate/friend and escape.

    Murder/Manslaughter

    • R v Ingram and Sindell- Unlawful act and gross negligence manslaughter. Two men responsible for death of 83 year old following the pushing of an antique bath chair down the stairs of a hotel in August 2005. Initial injuries minor but death caused by pulmonary embolism two months later.

    Evasion of Duty - Cigarettes

    • R v Tiffin and Others - large scale importation distribution of fake cigarettes.
    • R v Iguanez and Others - Multiple linked trials -abuse by crew members of 'crew bond' concession in relation to cigarettes / tobacco on board fleet of cross channel ferries and on shore distribution network.

    EEC Duty Fraud

    • R v Porter - Large scale abuse of EC milk quota scheme by dairy farmer involving extensive interpretation / application of Community rules / regulations.

    Health and Safety

    • R v Secalt and Others - Fatal accidents on the Severn Bridge - maintenance / repairing gantries. Allegations of design defects causing the entire platform to collapse from the underside of the bridge into the river below
    • R v ROKBUILD Ltd and Blackmore 2007 - (Health and Safety prosecutions following serious accident at MOD site)
  • Public and Regulatory
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    Since taking Silk in 2006 Nigel Lickley QC has appeared in cases reflecting his work as a junior in the field of Regulatory Crime and Confiscation.

    He has appeared in the following cases:

    • R v ROKBUILD Ltd and Blackmore 2007 (Health and Safety prosecutions following serious accident at MOD site)
    • R v Rochester 2007 (Confiscation hearings after earlier convictions for importation / supply of cocaine)
    • R v Simon Michael 2007 (Confiscation hearings after earlier convictions - Advanced fee fraud)

    Trading standards

    • R v C and others (2015 - P) Trading standards prosecution concerning operation of solar panel business. Convictions for unfair / misleading contracts and fraud - Consumer protection from unfair trading regulations 2008. Multi victim case across South East England.
    • R v Hussain (P - 2011) Prosecution of estate agents for wrongful retention of student property deposits. Offences under Fraud Act, TS regulations (Consumer Protection from Unfair Trading Regulations 2008 - CPR's ) and POCA.
    • R v Bateman and others (P -2011) Prosecution of 'rogue trader' builders claiming for poor , incomplete and inadequate work performed to the homes of elderly and vulnerable consumers. Prosecution across two local authority areas. Offences under Fraud Act, TS regulations (Consumer Protection from Unfair Trading Regulations 2008 - CPR's) ,money laundering  and POCA.

    Health and Safety
    Before taking silk in 2006 Nigel Lickley QC developed a practice in regulatory crime including Health and Safety Offences, European Milk Quota Fraud (Intervention Board now DEFRA), DTI (company and director offences) and in a number of multi defendant cases particularly for HM Customs and Excise and the CPS. Prior to the combined list of Crown advocates (junior counsel to the Crown) he was appointed grade A for both the DTI and HM Customs and Excise.

    His workload also included cases that concerned drug importations, VAT fraud (MTIC) and evasion offences. Given that workload he has extensive experience of criminal matters.

    In his early practice at the Bar he also benefited from a civil law background particularly in the field of personal injury and clinical negligence providing a valuable background in industrial accident litigation and the associated issues of causation, breach of duty and foreseeability.

    Cases include:

    • R v ROKBUILD Ltd and Blackmore 2007 Prosecutions for offences relating to serious accident resulting in a 22 year old labourer being left paralysed. Issues arising included – supervision, training, contractual obligations in a multi-agency situation, method statements and risk assessments, inductions, corporate responsibility, pre tender assessments, and reporting to HSE.
    • SECALT Ltd and others . Case concerned double fatality on the Severn Bridge. Issues concerned design of maintenance gantries, use and maintenance of the machinery and corporate responsibility.
    • R v LSC and Others (2009 - D) - Fatal accident due to fall from high level after scaffolding collapse.
    • R v SSG (2008 - D) - Prosecution of specialist glazing company following fall by contractor from plaza dome at Centre Parcs' complex at night when replacement glass panels being installed.

    Proceeds of Crime
    Before taking silk in 2006 Nigel Lickley QC acted in a number of multi defendant cases particularly for HM Customs and Excise and the CPS. The cases concerned drug importations, VAT fraud (MTIC) and evasion offences. Given that workload he has extensive experience of criminal matters and related DTA and CJA confiscation hearings.

    • R v Rochester and others (2007) Instructed to prosecute the confiscation hearings following earlier convictions for importation of cocaine from Jamaica and money laundering offences. Case concerned large scale benefit and the recovery of hidden assets, properties in the UK, rental income, joint ownership with partners and assets owned abroad. Maximum term Financial Reporting Order made – S.76 Serious Organised Crime and Police Act 2005.
    • R v Simon Michael (2007) Advanced fee fraud. Multiple victims worldwide induced to invest many millions of pounds in non existent projects or to help others. Complicated banking trail existed with many transfers and withdrawals. Accounts used worldwide. Foreign enquiries particularly in Africa. Lengthy confiscation hearings - hidden assets found to exist.
    • R v Emmett and Emmett - House of Lords [1996] AC 773. Convictions following large scale importation of cannabis into the UK by sea. Appeal concerned assumptions made for purposes of confiscation and their binding effect / Defendant’s acceptance of prosecutor’s statement and if done as a result of a mistake of law. Use and extent thereof and the limits of agreements for purposes of determining benefit etc.
    • R v X and Z – POCA criminal lifestyle allegations following convictions for offences contrary to S.328 POCA and for harbouring drugs. Complicated issues arising from enquiries into assets, employment, family, property, foreign assets etc.
      R v Tiffin and others (11) 2005 – Large scale counterfeit cigarette operation. Complicated apportionment issues regarding benefit arose following conviction.
    • R v Simon Michael 2005 – Multi million pound worldwide fraud involving victims in many countries approached by email to assist in the removal of assets from Africa. Complex asset forfeiture hearings. Case concerned numerous foreign applications for assistance / efforts to locate missing / hidden assets
    • R v Robertson 2005 – Fraudulent trading conviction. Government learning scheme abuse. Complicated confiscation hearings concerned hidden assets, alleged gifts, and foreign bank accounts in false names.

Recommendations

'A leading criminal silk who is also head of chambers at 3PB. He has vast experience as both a prosecutor and defender on a wide range of cases including regulatory crime, white-collar fraud and violent offences.
Strengths: "A very good jury advocate who is great on the human interest side of cases." "A very high-profile barrister with a really brilliant eye for detail who can think outside the box."'

Chambers UK 2017

'A prominent criminal advocate on the Western Circuit, who both prosecutes and defends clients on cases ranging from health and safety to white-collar fraud.
Strengths: "He is an incredibly experienced, very senior silk." "He is thoroughly bright and can get points across to laymen. He is also very well prepared."'

Chambers UK 2016/Crime - Western (Bar) - Band 1

'Highly regarded for his experience and expertise across the full range of serious crime. He prosecutes and defends on the most challenging and high-profile cases on the Western Circuit.
Expertise: "He is the full package - he's super-clever, relates to the jury well, and is exceptionally good face to face with clients, particularly with vulnerable clients."'

Chambers UK 2015/Crime - Western Bar - Band 1

'His exceptional experience and advocacy skills make him a standout criminal silk. He defends and prosecutes on all serious criminal cases including regulatory and fraud matters.
Expertise: “He is an excellent advocate, knowledgeable, very thorough in his preparation and able to inspire clients through his confidence.”'

Chambers UK 2014/Crime - Western Circuit – Band 1

‘A formidable advocate; cultivated yet ruthless when making his point.’

Legal 500 2017/Western Circuit, Crime – Leading silks

'He has experience prosecuting in high-profile cases'

Legal 500 2016/London Bar, Crime - Leading Silks

'Gets to the heart of the matter instantly.'

Legal 500 2016/Western Circuit, Crime – Leading silks

'Noted for prosecuting and defending in murder trials.'

Legal 500 Bar 2015/London Bar, Crime: Leading silks

'Extremely forceful and convincing.'

Legal 500 2014/Western Circuit, Crime: Leading Silk

‘3PB has a large regional presence. Nigel Lickley QC attracts praise.’

Legal 500 2013/Western Circuit, Crime.

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Academic qualifications

  • LLB, University College London 1982

Professional qualifications & appointments

  • Leader of the Western Circuit 2010-2013
  • Recorder - Crime and Civil
  • Bencher Gray's Inn

Professional bodies

  • Criminal Bar Association
  • Western Circuit

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