Practice
Damian specialises in criminal work. He undertakes defence work mainly but as a Category 4 Prosecutor (2005) he does represent the Crown in complex matters. He has appeared as recommended Counsel in Chambers’ Guide to the Profession and the Legal 500 consistently since 2003.
Damian is a specialist criminal practitioner who has appeared as a Leading Junior, Led Junior and Junior alone in complex and lengthy cases. Damian has a wide range of experience in serious criminal work. Damian likes to be involved at an early stage and is able to adopt a team approach to the conduct of criminal litigation. Damian works tirelessly for his professional and lay client seeking to provide clear, robust advice and a high standard of advocacy throughout the course of proceedings.
Areas of Practice
Damian is a specialist criminal practitioner and has particular expertise in the following
• Homicide and Serious Violence
• Firearms (Importation, Supply and Manufacture/Reactivation)
• Gross Negligence Manslaughter
• Large-scale Drugs Conspiracies
• Robbery and Firearms cases
• Health and Safety
• Regulatory Work
• Money Laundering
• Fraud (MTIC, Carousel Diversion, Advance Fee, Income Tax, “Boiler Room” and fraud on Government departments)
• Sexual offences
• Trading Standards/DTI (now BIS)
• Confiscation and Proceeds of Crime (Criminal and Civil under Part 5 of
POCA 2002)
• Benefit Fraud
• Computer Crime
• Criminal Appeal work (including “old cases”)
Selected comments from the Directories:
Damian Nolan’s “high standard of advocacy” impresses sources. He has been involved in a number of high-profile murder, rape and kidnap trials. – Chambers and Partners
Damian Nolan is highly rated at the junior level – Legal 500
Damian Nolan is highly effective in Court – Chambers and Partners
Damian Nolan is very tenacious and hard working - Chambers and Partners
Damian Nolan employs tact and cunning in equal measure to deal with witnesses – Chambers and Partners
Selection of notable cases:
Fraud:
R v Roper- Represented (Led Junior) defendant charged with fraudulently utilising bureaux de changes. Case stayed before the jury was sworn as an abuse of process by the trial Judge after 12 months of legal argument
R v Siegler- Represented (Leading Junior) defendant charged with an Advance Fee fraud in a 4 months trial. Defendant acquitted.
R v Hornsby – Represented (Leading Junior) defendant (Financial Director) charged with a £15m fraud on the Department of Education through the ILA scheme. Defendant acquitted after a 4 months trial.
R v Law – Represented (Led Junior) the Managing Director of McAlpine Slate charged with a very large fraud (false production figures and share price manipulation) on the parent company. Defendant pleaded guilty on a reduced basis.
R v Campbell – Represented (Junior) defendant charged with “red diesel” fraud in Operation Joyless. Guilty plea.
R v Gibbs – Represented (Junior) defendant charged with large-scale timeshare fraud. Defendant acquitted after 2 months trial.
R v Edgington – Represented (Junior) defendant charged with large- scale conspiracy to cheat HMRC/RCPO. Guilty plea.
R v Dolan – Represented (Leading Junior) defendant charged with a conspiracy to defraud concerning a £250m sale of the Ritz Hotel. Acquitted after 4 week trial
R v Deary – Represented (Junior) defendant charged with nationwide fraud concerning fee registration under Data Protection Act. Guilty plea.
R v Williams – Represented (Junior) defendant charged with a 12 months fraud concerning the operation of fraudulent trading on E-Bay. Guilty plea.
R v Redmond – Represented (Junior) defendant charged with large-scale importation of cigarettes
R v Donnelly – Representing (Led Junior) defendant, Financial Director charged with organising a fraud concerning false VAT repayments that received in excess of £100m.
R v Berry – Representing (Junior) defendant in a large-scale mortgage fraud.
R v Boyd – Representing (Leading Junior) defendant charged with “ red diesel fraud” in Operation Compost.
R v Wright – Representing (Junior) defendant charged with fraud committed on his trustee in bankruptcy.
Murder/Manslaughter:
R v Fleetwood – Represented (Led Junior) young defendant charged with two murders (separately committed) in a “gangland style execution
R v Yavuz – Represented (Led Junior) defendant charged with murder (Old Bailey) arising from the unrest between Turkish community and PKK in London
R v McCartney – Represented (Led Junior) defendant charged with murder arising out of a” drugs turf-war”
R v Forshaw – Represented (Led Junior) defendant charged with murder arising from a shooting outside Altcourse Prison.
R v Porter – Represented (Led Junior) defendant charged with a “gangland feud” murder.
R v Sinclair – Represented (Led Junior) defendant charged wit the murder of Liam Kelly aged 16.
R v Khan – Represented (Led Junior) defendant charged with murder arising from “honour-killing” of a family member.
R v R – Represented (Led Junior) defendant charged with murder arising from “baby shaking.” The case involved consideration of a wide variety of medical expert evidence.
R v G – Represented (Led Junior) defendant charged with murder arising from “baby shaking.”
R v M – Represented (Led Junior) defendant charged with gross negligence manslaughter arising from the long-term neglect of a baby.
R v Hughes – Represented (Led Junior) defendant charged with gross negligence manslaughter arising from a fatal traffic accident caused by the poor maintenance of a company vehicle.
R v O’Brien – Prosecuted (Led Junior) defendant charged with murder having shot his father.
In addition, Damian has conducted a number of cases involving issues concerning mental health and “Diminished Responsibility.”
Sexual Offences:
R v T - Represented (Led Junior) defendant charged with sexual offences against 3 generations of his own family.
R v M – Represented (Junior) young defendant charged with serious sexual offences against siblings
R v W – Represented (Led Junior) defendant charged with false imprisonment and serious sexual offences against his 3 daughters
R v P- Represented (Junior) mother charged with facilitating sexual offences against her own children
R v S – Represented defendant (Social Worker) charged with sexual offences against young people placed in care
R v L – Represented defendant (Teacher) charged with serious sexual offences committed against current and former pupils.
R v J – Represented defendant (Care Home worker) charged with long-term abuse of young residents.
R v A – Prosecuted (Leading Junior) defendant charged with historic and long-term sexual offences against current and former partners
R v S – Prosecuted (Leading Junior) defendant charged with raping his two former wives and the children for those marriages causing one of his children to give birth.
R v A, S and P – Prosecuted defendants charged with rape of a young female.
In addition, Damian has conducted many cases involving “cyber-sexual offences.” He is familiar with all aspects of data storage, retrieval and interpretation within this context. Further, Damian has done a number of cases dealing with DNA evidence and its interpretation.
Drugs:
R v Whelan- Represented defendant charged with nationwide distribution of Class A.
R v Hughes – Represented defendant charged with importation of 100 kilos of Class A
R v Askew – Represented defendant charged as a conspirator in large-scale distribution network of Class A (Operation Lima Part 1)
R v Burke – Operation Lima (Part 2)
R v Hughes - Operation Cateran
R v Dalton – Operation Dedans
R v Miller – Operation Undercoat
R v Stewart- Operation Arrow (Led Junior)
R v McLaughlin – Operation Tremor
R v Shaw – Operation Forment (Led Junior)
R v Taylor – Importation of 30 tons of cannabis
R v Devine – Importation of 20 tons of cannabis and heroin
R v Cranney – Operation Fillimore
R v Bolton – Operation Meniscus
R v Austin and Others –
R v Lee -
R v Webster – Operation Fillimore 2
R v Miah – Operation Walrus
All the cases above involved multiple defendants and concerned the importation and large-scale distribution of Class A drugs.
Other:
R v Trussell – Represented (Led Junior) defendant charged with 19 offences of Armed Robbery of sub-Post Offices
R v Ambrose – Represented defendant charged with Perverting the Course of Justice arising from his involvement in offences leading to the Home Secretary commuting the original sentence of 15 years’ to 5 years’
R v Kappler- Represented (Led Junior) defendant charged with the kidnap and torture of two men. Conviction quashed by Court of Appeal.
R v Jordan – Represented (Leading Junior) defendant charged with the kidnap of a co-conspirator over a 10-day period.
R v E – Represented defendant charged with Kidnap and Blackmail. Acquitted notwithstanding controlled payment of £20,000. The case dealt with RIPA 2000 extensively and the consequences of breaches of such.
In addition, Damian has undertaken numerous cases concerning Confiscation issues under the various legislative regimes. In particular, Damian has dealt with cases involving complex issues including assets within constructive trusts, assets within companies with limited liability status, deferred pension entitlements, shared equitable ownership of assets and hidden assets. In terms of procedure Damian has undertaken hearings dealing with Restraint Orders and their Variation, Appointment of a Receiver and challenges to such, Further, Damian has conducted Civil Confiscation matters in the High Court.
Personal:
Call: 1994
Education:
St. Edwards’s College, Liverpool
BSc (Econ) Joint Honours (1st Class)
Inn: Lincoln’s (Hardwicke Scholarship)
Membership of Professional Bodies: Criminal Bar Association
Hobbies/Interests: Damian enjoys playing and watching sport. He is an avid supporter of Everton Football Club. He has 3 boys all of whom he hopes will go on to play for Everton. He is also interested in music and film.