Background:

Oliver practises across a range of disciplines, focusing on public and regulatory law. He has particular experience in the field of transport and consumer credit law and is often instructed to advise clients operating in these sectors.

He is frequently asked to comment in the media and deliver lectures on topics within his field of expertise.

Public/Administrative Law:

Oliver’s first application for judicial review was heard before the Lord Chief Justice in 1997 and became a landmark case. Since then he has developed a public law practice, acting for clients who have sought to challenge the decisions and decision-making processes of a number of government departments and public bodies.  The majority of the litigation involves applications for judicial review or statutory appeals.

Oliver’s public law practice has involved a wide range of subjects, which include:

·         Transport & Road Traffic Law

·         Local Government

·         Community Care Law

·         Prison Law

·         Criminal Law

·         Extradition & Habeas Corpus

Recent Instructions:

Applications for Judicial Review – challenging local authorities’ breaches of parking regulations and breaches of Convention rights by the Parking Adjudication Service.

Advising in relation to an application to the Queen (via the Home Secretary) to exercise the Royal Prerogative of Mercy to grant a Free Pardon. Instructed by leading regulatory and public law firm and working alongside political and media consultant, Lord Bell.

Notable Cases:

R v Worthing and District Justices, ex parte Varley

[1998] 1 W.L.R. 819; [1998] 1 Cr. App. R. (S.) 175; (1997) 161 J.P. 748; [1997] Crim. L.R. 688; (1997) 161 J.P.N. 817

Magistrates’ sentencing powers – sections 31 and 131 Magistrates’ Courts Act 1980 – return to prison to complete unexpired sentence – section 40 Criminal Justice Act 1991 – whether magistrates acted unlawfully by imposing aggregate term exceeding the statutory maximum.

Leading case on magistrates’ sentencing powers. Case heard by the Lord Chief Justice, who certified a point of general public importance. Appeal to the House of Lords aborted by Applicant’s solicitors for tactical reasons.

R v Secretary of State for the Home Department, ex parte Robinson

The Independent, 8^th November 1999

Discretionary Life Prisoner – consideration for release by a Discretionary Lifer Panel – favourable assessment of risk – adjournment for preparation of structured release plan – whether adjourned panel with different chairman functus officio – whether panel entitled to reopen question of risk  – whether structured release plan legal requirement for release of lifer.

R v Governor of HMP Brixton, ex parte Kamer Peci 

The Times, 12^th January 2000

Extradition proceedings – person unlawfully at large from foreign sentence – conviction obtained in the absence of the defendant – section 6(2) Extradition Act 1989 – European Convention on Extradition – unqualified right to a rehearing - Article 6 European Convention on Human Rights – application for habeas corpus

R v Crown Prosecution Service & Commissioner for the Metropolis, ex parte Kamer Peci

Extradition proceedings – request by foreign state for return of fugitive to serve sentence imposed in his absence – section 6(2) Extradition Act 1989 – whether foreign state and Commissioner under duty to disclose information before committal stage

This case settled after the Commissioner and then, on the morning of the full hearing, the Crown Prosecution Service, signed a consent order agreeing to disclose vital material, which they had previously refused to serve on the Defendant.

R v Maidstone Crown Court, ex parte Bahiti 

Application to dismiss two transferred charges – section 53 Criminal Justice Act 1991 – judge dismissing one charge, but refusing to dismiss the other – judge failing to give reasons for each decision – judge then giving irrational reason for refusing to dismiss second charge – duty of Crown Court judge to give reasons

The CPS withdrew all charges after permission was granted.

R v Kingston upon Hull City Council, ex parte Frost  

Community care assessment – section 47 National Health Service & Community Care Act 1990 – duty to follow policy and practice guidance – duty to provide services to disabled persons – section 2 Chronically Sick & Disabled Persons Act 1986 – Sections 21 and 29 National Assistance Act 1948 – whether social services departments owe duty of care to potential service users of community care services

The Respondent settled after permission was granted.

R v Secretary of State for the Home Department, ex parte Cooksey 

(Renewed application for permission before the Court of Appeal)

Long-term prisoner – application for conditional early release at halfway point – universal support for release – refusal of Parole Board to order release – special duty to give clear reasons implied where case for release is overwhelming and Parole Board refuse to direct release.

Inquests:

Oliver has appeared in a number of coroners’ inquests, acting for the families of the deceased and police officers.

Regulatory Law:

Oliver provides advice, assistance and representation to private and corporate clients across a broad range of industries and regulatory regimes. These include:

Transport & Road Traffic

Trading Standards (including weights and measures)

Sale of Goods

Consumer Credit

Health and Safety & Environmental

Financial Services

VAT

Oliver is often involved with clients at an early stage in order to achieve compliance with regulatory requirements and to pre-empt disputes, as well as providing assistance when enforcement action is threatened or proceedings are brought. Oliver also provides representation across the full range of courts and tribunals.

Recent Instructions:

Advising US financial services company alongside a leading city law firm. The client is engaged in preliminary discussions with the FSA regarding the interpretation of a European directive.

Advising some of the largest claims management companies on consumer credit and data protection issues, and providing regulatory advice in their dealings with the Ministry of Justice and Office of Fair Trading.

Advising and representing a large agricultural concern on alleged breaches of health and safety law by the Health and Safety Executive.

Consumer Credit:

The consumer credit industry is subject to a complex regulatory framework. Oliver acts for claims management companies, law firms and consumers in this field. Many of the cases turn on the enforceability of regulated credit agreements, where a mastery of the Consumer Credit Act 1974 and the numerous regulations made pursuant to the Act is essential.

Oliver also advises claims management providers in relation to their dealings with the industry regulator, a unit within the Ministry of Justice.

Recent Instructions:

Advising and assisting claims management companies and law firms on legal issues and litigation strategies.

Acting for consumers in claims against creditors.

Transport & Road Traffic Law:

Oliver is considered an expert in the field of transport and road traffic law and acts for operators of some of the largest fleets of vehicles, as well as for and against car manufacturers, advising on a broad range of subjects. These include:

· Operators licences (public inquires before the traffic commissioners)

· Construction and use regulations

· Health and safety obligations

· Product liability

In addition, Oliver specialises in defending private clients in motoring prosecutions. He has acted for a number of celebrities and is instructed by the leading firms in this field. He contributes regularly to specialist motoring publications, national newspapers and appears regularly on television and radio. He also lectures solicitors on many aspects of road traffic and transport law and regulation.

Recent instructions:

Applications for Judicial Review – challenging local authorities’ breaches of parking regulations and breaches of Convention rights by the Parking Adjudication Service.

Product liability advice for various private clients against VW, Audi, Porsche & Chrysler Jeep.

Notable Cases:

R v Worthing and District Justices, ex parte Varley

[1998] 1 W.L.R. 819; [1998] 1 Cr. App. R. (S.) 175; (1997) 161 J.P. 748; [1997] Crim. L.R. 688; (1997) 161 J.P.N. 817

Magistrates’ sentencing powers – sections 31 and 131 Magistrates’ Courts Act 1980 – return to prison to complete unexpired sentence – section 40 Criminal Justice Act 1991 – whether magistrates acted unlawfully by imposing aggregate term exceeding the statutory maximum

Leading case on magistrates’ sentencing powers. Case heard by the Lord Chief Justice, who certified a point of general public importance. Appeal to the House of Lords aborted by Applicant’s solicitors for tactical reasons.

International Law:

Oliver offers advice and representation in international criminal matters, including requests by sovereign states for the extradition of suspects or fugitives in England or Wales.

Notable Cases:

R v Governor of HMP Brixton, ex parte Kamer Peci,

The Times, 12^th January 2000

Extradition proceedings – person unlawfully at large from foreign sentence – conviction obtained in the absence of the defendant – section 6(2) Extradition Act 1989 – European Convention on Extradition – unqualified right to a rehearing - Article 6 European Convention on Human Rights – application for habeas corpus

R v Crown Prosecution Service & Commissioner for the Metropolis, ex parte Kamer Peci

Extradition proceedings – request by foreign state for return of fugitive to serve sentence imposed in his absence – section 6(2) Extradition Act 1989 – whether foreign state and Commissioner under duty to disclose information before committal stage

This case settled after the Commissioner and then, on the morning of the full hearing, the Crown Prosecution Service, signed a consent order agreeing to disclose vital material, which they had previously refused to serve on the Defendant.

Professional Governance:

Sitting member of the Bar Council ‘Access to the Bar Committee’. The committee’s principal stated purpose is:

“…to keep under review the provisions of the Code of Conduct permitting public access to the Bar, issue guidance as appropriate and recommend to the Bar Standards Board any necessary changes to the rules or the procedures of the Committee…”

Media:

Oliver contributes regularly to specialist publications, national newspapers and appears regularly on television and radio. He also lectures solicitors on different aspects of road traffic and transport law and regulation.

Lectures & Conferences:

June 2008 - Transport for London annual conference on parking regulation and enforcement

June 2009 – Central Law Training Conference on Traffic Management & Control

July 2009 – Central Law Training Conference on Defending Speeding Charges

Publications:

Former assistant editor of the Administrative Law Reports

Former editor of Crown Office Digest

January 2009 – Independent Lawyer, ‘Road Traffic Law & Policy’

Professional Associations:

Administrative Law Bar Association

Health & Safety Lawyers Association

Association of Regulatory & Disciplinary Lawyers