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Nigel Lithman QC

Year of call: 1976

Year of silk: 1997

Recorder: 1997

Email : nlithman@2bedfordrow.co.uk

Education: LLB (Hons)

Regarded and reported as a "Leading Silk"

The Chambers UK Directory has described Nigel as a - "popular jury advocate", considered "the go-to man when you need someone to cut to the chase and make things accessible to the court".

They also said he is able to "rule the roost without crowing too loudly about it"

 

The Legal 500 has described Nigel as "Hardworking" and a "robust defence advocate"

Nigel Lithman is currently the Chairman of the Criminal Bar Association  for 2013/2014.

 

The Times article - Nigel Lithman QC - 17/10/13 - click here

 

Nigel Lithman QC during the last two years  2013 – 2014 has justified the faith his professional colleagues have shown him in electing him to lead the Criminal Bar, by the way in which he has led the argument and presented the case of the Independent Criminal Bar to the Government. His approach has been to show the same tenacity as Chairman of the Criminal Bar Association that he does in representing his clients in court. He will do all he reasonably and properly can in order to win the day”. In the face of such determination the Government withdrew its declared scheme to cut fees as of July ’14..

Meanwhile during the same years he has maintained his involvement in the most serious and diverse criminal cases. During a substantial part of 2013 He represented an accountant charged as a prime mover in Operation Savate a nationwide construction industry fraud. The accountant was alleged to be the lynch pin uniting the various frauds. This is the third professional man, one an accountant, one a solicitor and one a managing director he has represented within two years. So far none has been convicted. His practice in fraud has seen him instructed in both the largest SFO Case ever brought and also one of the most valuable ponzi Scheme frauds, R v Pruthi. He has also appeared recently in a Health and Safety case, a manslaughter trial based on the overturning of a lorry with a HIAB crane and in June 14 is now at the Old Bailey in a high profile murder trial.

 

In July 14 he will relitigate a further fraud case in which the jury were unable to return a conviction .He is also currently advising in a Death by Dangerous Driving case, a harassment case and an indecent assault case. The last four are accepted by him under the Direct Access procedure. He also has a further fraud case in which he advises and is instructed in a discipline hearing in the field of education.

  

 Nigel Lithman QC successfully defended in a four month trading standards case in 2012 /2013 in which he represented the three directors of a substantial company acquitted of conspiracy to defraud.  He has also appeared in the CCA appealing a confiscation order made in the course of a trading standards case.

 

Throughout his career Nigel has been briefed in the field of murder/manslaughter (see section below)

in the last 12 months he appeared in a high profile murder trial at Chelmsford Crown Court R v Bunch, before moving to an MTIC fraud in Birmingham. He also appeared in conjoined appeals before the Lord Chief Justice concerning jurisprudence in whole life sentences. See below for some other cases in his celebrated murder portfolio.

 

In 2012 he was counsel to Mr. P in the largest ever English Ponzi scheme allegedly defrauding investors of £60million.  This was followed by a murder trial at the Central Criminal Court

 

In 2011 he undertook a broad cross section of high profile criminal work including: Fraud, Murder and manslaughter, Regulatory work particularly Health and Safety, Police discipline medico Legal work and Road Traffic cases. In 2011 he successfully represented a solicitor charged by the SFO with a £60million mortgage fraud. The trial lasted 4 months.

 

Immediately thereafter Nigel Lithman obtained the acquittal of a company director charged with attempting to pervert the course of justice .

 

 FRAUD WORK:

 

  • R v Malik 2011 solicitor charged and acquitted of a £60million mortgage fraud.
  • He appeared in Ainscough - Money laundering, class A drugs conspiracy. Previously instructed in Operations Divert, Euripus and Capri and currently instructed in Operation Rosary.
  • Operation Euripus - M.T.I.C. Carousel fraud - acquitted.
  • Operation Divert - M.T.I.C Liverpool.
  • Operation Capri - M.T.I.C Northampton.  Lowest sentence of any Defendant.
  • R v Scott. Boiler room fraudster with confiscation proceedings attached.
  • R v Rasool   - Confiscation case. The Prosecution sought to recover £16 million and actually recovered £85,000.
  • R v Hashash - First carousel fraud to expose the need to charge as cheating the Revenue rather than under the VAT acts.
  • R v Walker & others - "The Ostrich Farm" SFO case. Acquitted by jury.
  • R v Caswell. Appeared for defence in Prudential Insurance Co. Corruption case. Acquitted on submission.
  • R v Eden - Chief Executive of P.L.C charged with falsifying information to affect end of year figures and share prices.
  • R v Fleming - largest ever D.T.I. case. Acquitted on submission.
  • R v Palmer - London City Bond diversion case. Acquitted on submission.

 

 

APPEAL WORK:

 

In 2013 Nigel Lithman QC is currently seeking to overturn a 7 year old conviction for murder following an eminent pathologist publicly expressing doubt in the safety of the verdict in which a 17 year old boy suffering with Aspergers syndrome was convicted of killing a child.

In 2011 in The Court of Appeal he achieved the quashing of a major drugs conviction.

  

 

HEALTH AND SAFETY:

 

  • R v N April (leading Dominic Kay of Crown Office Chambers) manslaughter in the workplace from an overturning lorry with Hiab Crane aboard.
  • R v Larkland May. (Leading James Ageros).
  • Successful defence of manslaughter case, arising out of a vehicle parked inappropriately by the Monument in the city of London. Defence of mechanical inefficiency leading it to career into the path killing two pedestrians.
  • R v WD Bennett (Leading James Ageros) - Successful prosecution of two companies arising from cranes collapsing, killing or injuring three individuals.
  • Whitely Village (Leading James Ageros) advising HSE on prosecution of 13 trustees of charitable foundation following fatalities from gas explosion.
  • R v Jilbert  (Leading James Ageros )- Successfully Defending a gas fitter in relation to fatalities arising from a boiler explosion. This case was discontinued at the outset following defence representations to the Judge.
  • R v Hooper ( Leading Eleanor Sanderson )- Successful defence of a care home proprietor for manslaughter following the incorrect provision of drugs
  • R v Maldon District Council. (Leading Craig Rush)  Successful prosecution of local authority following drowning in local swimming pool\lido.
  • Deaths through Carbon monoxide poisoning\Gas Boiler explosion.
  • R v Morris. (Leading now Richard Matthews QC) successful defence of manslaughter case.
  • R v Omo Bare  Defending builder in gas explosion fatality case on manslaughter charge.

 

POLICE DISCIPLINE AND POLICE WORK:

 

Nigel Lithman QC successfully represented the Deputy Chief constable of Essex in a private prosecution, brought by an animal rights group.  He Defended 6 different police officers in three years and lectured the force.  Instructed on behalf of the Police Federation to represent high ranking police officers both at the Crown Court and in Police Discipline.

 

Examples include:

  • R v Joseph Acquittal of a police Sergeant charged with assaulting a prisoner 
  • R v West Cleared of assault whilst on duty.
  • D.C. Evans  Cleared at tribunal in Teeside
  • R v Stimpson Obtained the acquittal of a police sergeant for drugs offences and thereafter in the police disciplinary tribunal, allegation dismissed.

 

 

Lectured to The Police Federation in September 09.

 

 

MANY OF THESE CASES HAD, OR WOULD HAVE HAD, HAD THEY NOT ENDED IN AQCUITTALS, SUBSTANTIAL CONFISCATION PROCEEDINGS ATTACHED TO THEM EITHER UNDER THE C.J.A. or POCA.

 

MURDER/MANSLAUGHTER:

 

Within 18 months 9 murder trials ended in acquittal or dismissal of the murder allegation by a jury in the case of each of the following Defendants:

 

  • R v S. September 09 Acquitted of gang related murder.
  • R v Zakrzewski Polish National Charged with murdering his employer at The Old Bailey - July 2009.
  • R v Lawrence Bennett Juvenile alleged to be the stabber in multi handed knife crime at the Old Bailey July 2009.
  • R v Clarke.  Charged with killing his mother's lover in multi handed at The Old Bailey   March 2009.
  • R v Beavis Former professional boxer charged with being joint party to murder. The Old Bailey November 2008.
  • R v Parrett. Cut throat multi handed murder trial at The Old Bailey October 2008.
  • R v Michael Johnson. Son alleged to have murdered his father whilst in the throws of an epileptic fit suppressed by medication. The Old Bailey September.
  • R v Terry Benstead - Cut throat multi handed trial at Chelmsford.
  • R v Chatsjatrjan - Defending an Azerbaijani in cut throat with his son in law, concerning an assassination of a fellow countryman. Norwich Crown Court.

 

MEDICO LEGAL WORK:

 

There has been a rapid expansion in this area of Nigel Lithman QC's Practice.

 

  • R v Dixon and Hooper. Successful defence of manslaughter charge for wrongful administration of drugs.
  • R v Stocker. Acquittal of murder of Mother in salt poisoning case. Mother suffering from Munchhausen by proxy syndrome. Over 60 experts called from multi disciplines mostly from Great Ormond Street. Three month Old Bailey trial.
  • 3rd May 07, ITV released its programme Real Crime: a deadly secret” concerning above case.
  • Re. Dr. S. Representing the proprietor of cosmetic centres at The G.M.C.
  • Shaking Baby Cases including successful prosecution of a father in:
  • R v. ANSELL Chelmsford Crown Court, based on finding of triad of injuries.
  • 2009 GMC Dr. S.Proprietor of cosmetic procedure clinics;
  • 2008 R v Hooper, proprietor of nursing home acquitted of manslaughter;

 

ROAD TRAFFIC WORK includes: Many appearances in death by dangerous driving cases including the successful defence of Larkland May.  

R v Douglas Taylor, now a sentencing authority.

Used by Campaign against drunken driving for private prosecutions nationwide

 

PROFESSIONAL:

Attended as the guest silk invited by the Florida Bar Advocacy Convention to demonstrate cross-examination and join a panel of American judges reviewing the performance of young attorneys.

 

The most important parts of Nigel Lithman's successful reputation are his advocacy skill and client care. He is well known as a very funny after dinner speaker. 

 

Professional Memberships: South Eastern Circuit; CBA, Essex Bar Mess.  

 

Career: Master Bencher Inner Temple 2009, Chairman Essex Bar Mess 2002-05, Silk 1997, Recorder 1997, Year of call 1976. 

 

PERSONAL:

Married with 3 Step Children. Enjoys work in the community and supporting Leyton Orient F.C. He fulfills a number of Public Speaking events each year. He is Chairman of Highgate Synagogue and a member of The Garrick Club

Cases

Miscellaneous Crime

R v David Courtney

"Celebrity criminal!" Charged with perverting the course of justice.

R v Stone

Armed Robbery.

Court : Central Criminal Court

R v Linford

Death in custody

Serious Fraud Office Prosecution

R v Iqbal

Vat fraud based on using Red Diesel fuel.

R v Jarvis

3 month diversion fraud

R v Glover

Operation Divert – Carousel Fraud

Court : Liverpool Crown Court

R v Falk

Carousel fraud

R v Palmer London City Bond
R v Hashash
R v Aspen & Ors
R v Massingham
R v Kaye
R v Walker & Ors

Health and Safety

R v Phillips

Unsafe system in hospital pharmacy.

R v Dixon and Hooper

Death in a Care Home.

R v Omo-Bare

Nigel Lithman QC has just defended a Health and Safety manslaughter/gas boiler/carbon monoxide poisoning case at the Old Bailey.

Court : Central Criminal Court

R v Maldon District Council

Date : 2004

R v Wheeler
R v Morris

Manslaughter through gas boiler poisoning.

Regulatory Offences

Baby P Case

Advised the General Social Care Council tribunal in applications to suspend two social careworkers in the Baby P Case.

Date : 2008

Murder/Manslaughter

R v Terry Benstead

Cut-throat multi-handed trial.

Court : Chelmsford Crown Court

Date : 2008

R v Parrett

Cut-throat multi-handed murder trial.

Court : Old Bailey

Date : 2008

R v Lawrence-Bennett

Juvenile alleged to be the stabber in multi-handed knife crime.

Court : Old Bailey

Date : 2009

R v Zak Rzewski

Polish national charged with murdering his employer.

Court : Old Bailey

Date : 2009

Cadogan & Others

Secured the acquittal for murder and manslaughter of Lee Beavis a well known Welterweight boxer.

Court : The Old Bailey

Date : 2008

R v Mayanja

Murder in an ambulance case.

Court : Central Criminal Court

Date : 2006

R v Birmingham

Cut throat defence at The Old Bailey. Acquitted.

Court : Central Criminal Court

Date : 2006

R v Patterson

Murder reduced to manslaughter.

Court : Central Criminal Court

Date : 2006

R v Clarke

Acquitted upon submission.

Court : Central Criminal Court

Date : 2007

R v Peterson

Court : Central Criminal Court

Date : 2000

R v Chatsjat Rjan

Court : Norwich Crown Court

Date : 2005

R v Parker

Date : 2005

R v Paton

Murder by battered wife of husband.

R v Tien Lai

Murder by sixteen year olds.

R v Pearce

Gangland Murder.

Date : 1999

Confiscation and Restraint

R v Litt

Authorities seeking £1.3 million,recovered £40,000

Court : Bristol Crown Court

Date : 2006

R v Parveen
R v Chopra
R v Rassool

Successful defence against claim for £16 million.

Smuggling

R v Jarvis

Date : 2005

Fraud

R v Cleveley

Carousel Fraud Acting for the defence in Capri II.

R v Caswell
R v Chopra & Ors

Confiscation, claim by Customs of ?16 million.

R v Parvee & Ors

Confiscation claim by Customs of ?16 million.

R v Rassool & Ors

Confiscation, claim by Customs of ?16 million.

R v Michael Michael

Series of briefs in this super grass Customs and Excise case

R v Litanzios and Edwards

Inland Revenue prosecution

Domestic Appellate Cases

DC Evans

Cleared at tribunal in Teeside.

Date : 2006

Child Killing

R v Ansell

Nigel Lithman QC and Christine Agnew prosecuted to conviction a child killing case. The trial involved 13 experts of varying paediatric specialities, including as to "the triad" of brain injuries, from Great Ormond Street Hospital and other centres of excellence.

Court : Chelmsford Crown Court

Date : 2007

R v Stocker

Date : 2005

R v Onley

Manslaughter by mother on child.

Date : 2003

R v Smith

Date : 2002

R v Tsang

Date : 2001

R v Ngai

Police Work

R v West

Cleared of assault whilst on duty.

Date : 2007

R v Jay

Appearing for an officer who had entered a domestic dwelling in order to prevent a continuing breach of the peace and in effecting the arrest of a householder who immediately collapsed and died.

Date : 2009

R v Joseph

Acquittal of a police Sergeant charged with assaulting a prisoner.

Date : 2009