Jim Olphert

Call 2014

Jim is sought after for his pragmatic and tactical approach to cases and is an accomplished advocate.

Expertise

Jim is an experienced criminal practitioner. He accepts instructions across the full spectrum of criminal matters and is instructed regularly on matters from complex traffic to sexual offending. He is particularly valued for his direct advice and ability to deal with vulnerable defendants.

His longstanding road traffic defence practice has seen him represent high-net worth clients and those running complex medical defences, including non-insane automatism.

Notable Crime cases


R v CE [2019] Basildon Crown Court

CE was to be sentenced for stabbing a teenager 11 times. The Court was persuaded to impose a determinate sentence and not find dangerousness provisions were met.

R v SF [2018] Peterborough Crown Court

SF was prosecuted for offences in Cambridgeshire and North London relating to a string of high-value car thefts. The case relied on DNA and cell-site evidence.

R v AN [2017] Birmingham Crown Court

AN was prosecuted for faking her own death to defraud a life assurance policy. The case was reported in the national press.

Jim’s practice in serious fraud straddles both the criminal courts and First-Tier Tribunal (Tax Chamber). He has a particular expertise and a growing practice in MTIC and other VAT fraud matters appealed to the Tax Chamber arising from HMRC Kittel and Ablessio decisions. His knowledge in these complex and specialist proceedings leaves him well-placed for instruction on matters involving wider tax fraud and cases arising from allegations of cheating the revenue.

Notable Business Crime & Fraud cases


R v MA [2019] Southwark Crown Court

MA was prosecuted for conducting complex maintained line fraud against elderly victims.

Jim has a developed practice in asset forfeiture. His practice encompasses both post-conviction applications under POCA 2002 arising from convictions in the Crown Court, but also civil applications in the Magistrates Court, where he appears regularly for police forces and other parties.

Jim’s expertise in this field has also seen him deliver training and lectures on the subject and advise forces on issues of statutory interpretation.

Notable Asset Forfeiture & Civil Recovery cases


R v OD [2019] Reading Crown Court

Instructed following conviction to deal exclusively with the complex POCA proceedings arising from offences of money laundering spanning a number. The case had a complex international element.

R v FO [2018] Central Criminal Court.

Successfully argued on a s. 23 appeal that the defendant should not be liable as an available asset for foreign property confiscated by authorities abroad was not recoverable.

Jim has a significant experience in the field of professional regulation and professional discipline proceedings. He has appeared for both regulators and registrants in proceedings before a number of healthcare regulators including the NMC, HCPC, GOC and GPhC. He has also acted for teachers before the TRA, and is presently instructed on ongoing matters before both teaching and healthcare regulators. Having spent time with Band 1 firms in this field on secondment, he is keenly aware of the litigation process involved with professional discipline matters and accepts instructions at all levels of proceedings. He is also available for instruction to advise regulators on procedure, standards and enforcement.

Jim has also appeared in the High Court in respect of Interim Order proceedings arising from regulatory investigations.

Recently, Jim has also received instructions in the field of sports regulation and anti-doping, advising on investigations in this field.

Notable Professional Regulation cases


HCPC v WA [2020]

Appeared for the regulator in lengthy and complex case involving sexual misconduct by a practitioner psychologist.

HCPC v SW [2021]

Presenting on behalf of the HCPC in a case where the paramedic withheld care on the basis of discrimination

GOC v GT [2021]

Presenting on behalf of the GOC before a panel asked to adjudicate on the issue of jurisdiction for virtual hearings.

Jim has a growing practice in public law arising from his work in police actions, professional regulation and tax matters. He is an experienced practitioner in the Administrative Court and has also appeared in the Family Division relating to complex intra-jurisdictional issues arising from criminal investigations.

Jim is also regularly instructed to deal with civil and anti-social behavior injunctions in the County Courts.

As a result of his background working for the Crown Prosecution Service, Jim is increasingly sought after to act as disclosure counsel in large investigations. He is able to advise on investigatory approach, as well as conducting full disclosure tasks. He is also well-trained in disclosure software and systems.

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