David Patience

Year of Call: 2009  


Overview


David Patience specialises in fraud, general crime, inquest law and professional discipline. He has already appeared at all levels, including the Supreme Court, the Court of Appeal and the High Court.

Recent Cases

  • R v Rolf Harris: Led by Stephen Vullo QC, representing Rolf Harris at his second and third trials, where he was acquitted of all new charges (read media coverage here).
  • The Mark Duggan Inquest: Led by Ian Stern QC, representing SC&019, the specialist police firearms officers involved in the incident, both at first instance (read media coverage here) and in the judicial review (read media coverage here).
  • The Stella Creasy MP Twitter trial: Acting alone, representing the defendant charged with ‘trolling’ Stella Creasy MP on Twitter (read media coverage here).
  • R v Murphy: Led by James Turner QC, representing a man charged with murder, who stabbed his father to death after a row about the charging of a mobile phone (read media coverage here).
  • BSB v LM: Led by William Clegg QC, representing a barrister in regulatory proceedings before the Bar Standards Board concerning LM’s conduct of the defence in a terrorism trial, in a case that attracted considerable media interest (read media coverage here).
  • The Gambian Diplomat Fraud: Led by Dean Armstrong QC, representing the former Deputy High Commissioner of the Gambia, who faced allegations of conspiracy to cheat the revenue in relation to purchases of duty free tobacco under the diplomatic privileges scheme (read media coverage here).
  • R (Halligen) v SSHD (Supreme Court – [2012] UKSC 20): Led by William Clegg QC and Stephen Vullo QC, representing a defendant whose extradition was sought by the USA, in a landmark case where the Supreme Court held for the first time that Article 6 ECHR did apply to the extradition process itself (read more).
  • R v Slade: Led by Stephen Vullo QC, representing a defendant at a retrial for conspiracy to murder. Prosecution eventually offer no evidence after sustained disclosure arguments pursued. Judge orders case papers to be sent to Attorney General, for him to consider launching an investigation into the prosecution of the case (read media coverage here).

Coroners Inquests


David regularly appears in the Coroner’s Court and has acted for police officers, doctors and local authorities at inquest proceedings.

In early 2011, David also spent a month on secondment to the Treasury Solicitors, working on disclosure issues relating to an inquest into a death in custody, in circumstances where systemic racism amongst prison staff was alleged by the family of the deceased.

Cases

  • The Mark Duggan Inquest: Led by Ian Stern QC, representing SC&019, the specialist police firearms officers involved in the incident, both during the inquest at first instance (media coverage) and in the judicial review that followed (media coverage).
  • Re X: Acting alone, representing a local authority at an inquest into the death of an elderly pensioner, who had fallen whilst being transferred from a bed to a chair by carers using a hoist.
  • Re Y: Acting alone, representing a GP at an inquest into the death of a man who had died from an initially undiagnosed ruptured aortic aneurysm.
  • Re Z: Acting alone, representing a GP at an inquest into the death of a chemotherapy patient suffering from initially undiagnosed neutropenia.

Crime


David appears regularly in the Crown Court, both prosecuting a defending. He has also appeared on multiple occasions in the Court of Appeal, including acting alone, successfully, for the Crown in an appeal against conviction.

Cases

  • R v Anslow: Led by Stephen Vullo QC, representing a defendant appealing against a total sentence of 29 years for drug supply and escape (media coverage).
  • R v Noyes: Led by Tim Kendal, representing a defendant facing a 19 count indictment relating to various alleged mortgage frauds totalling in excess of £1 million. Following negotiations, Crown agree during trial for defendant to plead guilty to 7 counts totalling £87,350. Defendant received a suspended sentence of imprisonment and a capped confiscation order.
  • R v Peter Nunn: Acting alone, representing the defendant charged with ‘trolling’ Stella Creasy MP on Twitter (media coverage).
  • R v K: Led by Peter Lodder QC, representing one of the defendants in confiscation proceedings in respect of the conspiracy to import multiple tonnes of cannabis, which is said to have inspired the BBC ‘Shadow Line’ drama (media coverage).
  • R v Taylor (David) (Court of Appeal (Criminal Division) – [2013] EWCA Crim 15): Acting alone, representing a defendant in a successful appeal against a sentence of 18 months imprisonment for an offence of burglary of a non-dwelling, committed in breach of two suspended sentence orders, one of them imposed for a similar offence.
  • EJS Ltd & SB v SOCA (High Court (Queens Bench Division) – [2012] EWCA 2732 QB): Led junior in an appeal by way of case stated against a forfeiture order. First ever reported case to consider the meaning and operation of section 314 (4) of the Proceeds of Crime Act 2002.
  • R v Gavin & McDonagh (Court of Appeal (Criminal Division) – [2012] EWCA Crim 2013): Acting alone, representing the Crown at first instance and in the Court of Appeal. Convictions for theft and use of false number plates secured at trial and upheld on appeal.
  • R v Patrick (Court of Appeal (Criminal Division) – [2012] EWCA Crim 688 – March 2012): Acting alone, representing a defendant in a successful appeal against a sentence of 15 months imprisonment imposed for an offence of ABH, committed in breach of a suspended sentence, in circumstances where the defendant had been subjected to considerable racial abuse by the complainant prior to the incident.
  • R v Pun & Ors (Court of Appeal (Criminal Division) – [2011] EWCA Crim 3165 – November 2011): Led junior in appeal against conviction on issue of joinder.

Fraud


David has represented people charged with all levels of fraud, from low level benefit fraud to multi-million pound frauds on HMRC.

Cases

  • R v Noyes: Led by Tim Kendal, representing a defendant facing a 19 count indictment relating to various alleged mortgage frauds totalling in excess of £1 million. Following negotiations, Crown agree during trial for defendant to plead guilty to 7 counts totalling £87,350. Defendant received a suspended sentence of imprisonment and a capped confiscation order.
  • R v PL: Led by Dean Armstrong QC, representing the only acquitted defendant in a 3 month trial, which was the first of a series of trials relating to a £6 million CIS Fraud.
  • R v S & C: Acting alone, David represented a woman, C, jointly charged with her ex-partner, S, on a 15 count indictment with offences of selling counterfeit children’s shoes on eBay and money laundering up to £300,000. Suspended sentence secured for C, following guilty pleas to part of the indictment (media coverage).
  • R v YB: Led by Dean Armstrong QC, representing the former Deputy High Commissioner of the Gambia, who faced allegations of a £4 million conspiracy to cheat the revenue in relation to purchases of duty free tobacco under the diplomatic privileges scheme.
  • R v AK: Led by Richard Kovalevsky QC, successfully representing a well-known music producer in an alleged fraudulent acquisition of land. An application for reporting restrictions was successfully made prior to the trial commencing.

Judicial Review


David has acted in a number of judicial review cases. He has also acted in appellate proceedings in the High Court and Supreme Court relating to extradition proceedings.

Cases

  • R (Robin Murray) v Lord Chancellor (Administrative Court – [2011] EWHC 1528 (Admin) – June 2011): Application for judicial review of Lord Chancellor’s decision to close Sittingbourne Magistrates’ Court. Solely responsible for drafting the application for a protective costs order, which was conceded on behalf of the Lord Chancellor.
  • R (Halligen) v SSHD (Supreme Court – [2012] UKSC 20 – January 2012): Second junior in appeal to the Supreme Court against a decision of the High Court ([2011] EWHC Admin 1584). Appeared alone in High Court to make oral submissions. Supreme Court makes landmark judgment applying Article 6 of the ECHR to extradition proceedings for the first time.
  • R (Asliturk) v City of Westminster Magistrates Court (Administrative Court – [2010] EWHC 2148 (Admin) – July 2010): Led junior in judicial review against first instance decision to refuse an application for discharge under section 75 of the Extradition Act 2003. Now one of the leading authorities on time limits under that section.

Professional Discipline


Between March and October 2012, David spent six months seconded to the Regulatory Legal Team of the Nursing and Midwifery Council (‘NMC’), where he gained significant experience reviewing fitness to practice cases, drafting charges and managing investigations, in addition to conducting numerous interim and substantive hearings before all three of the NMC’s Practice Committees.

Since then, he has continued to act for the NMC and also prosecutes for the United Kingdom’s Council of Psychotherapists (‘UKCP’) and the General Dental Council (‘GDC’).

He also has experience of proceedings before the Bar Standards Board (‘BSB’).

Cases

  • BSB v LM: Led by William Clegg QC, representing a barrister in regulatory proceedings before the Bar Standards Board concerning LM’s conduct of the defence in a terrorism trial, in a case that attracted considerable media interest (media coverage).
  • NMC v SC [2012]: Acting alone, prosecuted conviction case concerning nurse who had sustained convictions for possession of child pornography. Nurse ‘struck off’ at conclusion of proceedings (media coverage).
  • NMC v GB [2012]: Acting alone, prosecuted misconduct case concerning nurse who was alleged to have instructed colleagues ‘not to rush’ if a vulnerable patient suffered a cardiac arrest (media coverage).
  • NMC v C [2012]: Acting alone, prosecuted misconduct case concerning nurse who was alleged to have had a sexual relationship with a vulnerable patient (media coverage).

Sports Law


David has a developing Sports Law practice. He has acted for British Fencing in proceedings relating to a complaint against a referee and has also represented a well known Table Tennis player in proceedings against the English Table Tennis Association (‘ETTA’), relating to a selection decision for the Commonwealth Games in Glasgow 2014.

Cases

  • X v ETTA: Represented a well known Table Tennis player in proceedings challenging a selection decision for the Glasgow Commonwealth Games 2014.
  • British Fencing v Y: Represented British Fencing in proceedings relating to a complaint against a referee.