Brian FitzHerbert

Criminal Barrister

Year of Call
2008

brian.fitzherbert@walnuthouse.co.uk

Criminal Law

CPS Panel Grade 4; RASSO Panel; Serious Crime Panel

Murder, Manslaughter and Non-fatal Violence:

Overview

Brian has appeared as a led junior in cases of murder and manslaughter. He also regularly represents the defence or the prosecution in cases of serious non-fatal violence. Recent cases have involved complex issues of causation and intricate disclosure issues in the context of organised crime.

R v E & K
Prosecution Junior in a double-handed murder trial. The case involved the enforcement of a drug debt, extensive forensic evidence, complex disclosure issues and a cut-throat defence at trial.

R v L & others
Prosecution Junior in a multi-handed manslaughter trial involving positional asphyxia. The case included detailed medical evidence, intricate issues of causation and a two-day submission of no case to answer.

R v M
Defended a young woman in a serious wounding with intent trial involving issues of self-defence and intention to cause really serious harm. The case included digitally enhanced CCTV and issues of bad character.

R v O
Prosecuted in a section 18 trial involving a sustained attack with two weapons. Issues of self-defence and causation were raised and the evidence of a pathologist was relied upon.

Recent work +Close –

Drugs offences and Organised Crime

Overview

Brian both prosecutes and defends in cases involving serious organised crime, largely those of the large-scale supply of drugs. He has appeared as prosecution counsel in large multi-handed operations both as a led junior and alone. He has represented those charged as part of county-lines drug supply conspiracies.

R v SK & Others
Prosecution Junior in one of the largest operations ever brought against those trafficking Class A drugs into Devon. The case involved extensive RFPS (Radio Frequency Propagation Survey) forensic evidence as well as covert surveillance in both the South West and North West of England.

R v K & Others
Defended in a complex multi-handed people trafficking conspiracy involving the trafficking of a large number of vulnerable men from the Czech Republic to the West Country for the purpose of financial exploitation.

R v F
Represented a defendant charged as part of a conspiracy to supply class A drugs. The case involved the supply of heroin to Scotland, Wales and the South West from the conspiracy hub in the North West of England.

R v D & Others
Prosecution counsel in a large-scale operation designed to disrupt the supply of class A drugs on the streets of Exeter. The case involved the deployment of undercover police officers and required applications for witness anonymity orders under the Coroners And Justice Act 2009.

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Serious Sexual Offences

Overview

Brian regularly defends and prosecutes in sexual offence trials including cases of Rape, Assault by Penetration and Sexual Assault. He has completed specific training on the cross-examination of vulnerable witnesses and has appeared regularly in cases involving Ground Rules Hearings and the use of intermediaries.

R v M
Defended in the trial of historic offences of Rape, Sexual Assault and Indecent Assault alleged to have been committed over a period of 13 years. The case involved multiple disclosures to various agencies over a number of years by a complainant with severe mental health difficulties.

R v W
Prosecuted in a trial of attempted rape. The 15 year-old defendant had been 13 at the time of the offence. The trial involved intermediaries and an application to exclude confession evidence.

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Fraud and Theft

Overview

Brian is regularly instructed by both the prosecution and defence in relation to offences of Fraud, Tax Evasion and serious Theft. He often appears in cases involving breaches of trust, vulnerable victims and disputed issues of capacity.

R v S
Prosecution counsel in an income tax-related fraud trial involving multiple dishonest representations designed to generate significant repayments of income Tax.

R v C
Represented a defendant charged with the theft of a six figure sum from a family member who lacked capacity. The case involved the alleged misdirection of the proceeds of the sale of a house.

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Robbery and Burglary

Overview

Brian represents both defendants and the Crown in cases of Robbery and other serious offences of dishonesty. He is familiar with issues commonly arising in such cases such as expert forensic evidence.

R v G & Others
Defended in a multi-handed conspiracy to burgle involving an unusual lock snapping M.O. The case involved cross examination of expert witnesses on secondary transfer of DNA and analysis of Cell Site evidence.

R v H
Prosecution counsel in an armed robbery of a taxi driver. The case involved hearsay and bad character evidence.

Recent work +Close –

Confiscation

Overview

Brian prosecutes and defends in confiscation matters, both contested and otherwise. He has appeared for both defendants and interested parties and, as prosecution counsel, has overseen proceedings from conviction to compensation order.

R v HS & Others
Prosecution counsel in all confiscation proceedings instigated against multiple defendants convicted of a large-scale conspiracy to supply class A drugs.

R v NG
Instructed pursuant to section 10A of the Proceeds Of Crime Act 2002 to represent an interested party in confiscation proceedings involving a benefit figure of over £100 million. The case involved assets in multiple jurisdictions and issues of beneficial interests in family homes, hidden assets and tainted gifts.

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General Violence Against the person

Overview

Brian regularly appears in cases arising from all manner of violent incidents. He has acted for both the prosecution and the defence in cases of public disorder and late-night drunken violence. He is also regularly involved in cases of domestic violence including controlling and coercive behaviour.

R v D
Defended in the trial of a defendant charged with a serious public order offence committed jointly with two other defendants outside a Public House. Both co-defendants had pleaded guilty leaving a single issue of participation in the unlawful violence.

R v C
Prosecuted a defendant charged with controlling and coercive behaviour in a long-term relationship with a vulnerable partner. The case involved issues of disclosure and bad character.

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Parole Board, Prison Adjudications, Inquests and Enquiries and Police Disciplinary

Overview

Brian has drafted representations and appeared in hearings before the Parole Board as well as representing prisoners at adjudications. He has also advised and represented parties to Coroner’s Inquests.

R (Parole Hearing)
Represented a prisoner serving a life sentence for Armed Robbery. The sentence had been imposed because of a previous conviction for a Rape, the circumstances of which the prisoner claimed not to remember. Extensive cross-examination of psychologists, Offender Managers and Offender Supervisors was required.

Re M
Coroner’s Inquest into the death of a pedestrian killed in a collision with a car whilst walking home after been refused treatment at a remote hospital. Represented the driver of the car involved in the fatal collision.

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Appeals

Overview

Brian has appeared in both the Court of Appeal and the Administrative Court in appeals against both sentence and conviction. In particular he has appeared in two recent appeals by way of case stated relating to the admissibility of Res Gestae evidence in cases of domestic violence.

R v T
Appeal against sentence for firearms offences on the basis of the Article 8 rights of the dependent children of the sole carer appellant.

R v B
Appeal by way of case stated regarding the admissibility of res gestae evidence.

Recent work +Close –

Biographical and Other Information

Academic
University of Cambridge, MA (Hons) History. City University London, Graduate Diploma in Law. Bar Vocational Course, BPP London
Scholarships (Lincoln’s Inn)
Lord Denning Scholarship. Buchanan Prize. Shelford Scholarship.
Memberships
Western Circuit. Criminal Bar Association.

Criminal Law team members

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Lee Bremridge

Year Of Call : 2003; Head of Chambers

Lee Bremridge is Head of Chambers at Walnut House and a criminal barrister experienced in all areas of complex and serious crime. Lee is known for dealing with serious cases, defending and prosecuting in equal measure.

lee.bremridge@walnuthouse.co.uk View Profile

Simon Laws KC

Year Of Call : 1991

In May 2021, Simon Laws KC was instructed to represent the victims in a trial in The Hague in which the former President of Kosovo and three others are being tried for war crimes and crimes against humanity.

The proceedings are ongoing and Mr Laws is therefore currently unable to accept other instructions.

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Paul Cavin KC

Year Of Call : 1995; Door Tenant

Paul is a Door Tenant of Walnut House, with family connections to the South West. He is also Head of Chambers at 2 Harcourt Buildings in London. Paul specialises in homicide, fraud, corporate crime – particularly bribery and corruption but also money laundering, cyber crime, and proceeds of crime.
He is regularly instructed by the CPS and the SFO and was on the Attorney General’s Criminal List for many years. Before his call to the bar he trained as a solicitor at a city firm (where he gained experience in all aspects of commercial law before qualifying in the commercial litigation/fraud group). He is a member of the Private Prosecutors’ Association and the Fraud Lawyers Association.

paul.cavin@walnuthouse.co.uk View Profile

Adrian Chaplin

Year Of Call : 1990

Adrian is a highly effective and sought-after advocate with extensive experience of heavy-weight and sensitive cases before a broad range of courts and tribunals.
He advises in criminal, misconduct, regulatory and coroner’s court work. He is experienced in appeal cases and judicial review.

adrian.chaplin@walnuthouse.co.uk View Profile

Simon Burns

Year Of Call : 1992

Simon Burns is a specialist in criminal law undertaking prosecution and defence work.

simon.burns@walnuthouse.co.uk View Profile

Peter Coombe

Year Of Call : 1993

Peter is regularly instructed in cases of murder, manslaughter, attempted murder and other cases of serious violence.

peter.coombe@walnuthouse.co.uk View Profile

Heather Hope

Year Of Call : 1993

Heather was called in 1993 and after having practiced in a leading criminal set in London for 22yrs, moved to the South West in 2015. Heather has prosecuted and defended in large-scale drug cases, gang violence and firearms cases along with rape and serious sexual offences. Heather has also defended and prosecuted as a led junior in murder trials at the Central Criminal Court and as leading junior counsel in numerous trials more recently. Grade 4 and RASSO panel Counsel.

heather.hope@walnuthouse.co.uk View Profile

Mary McCarthy

Year Of Call : 1994

Mary is regularly instructed in cases of murder, manslaughter, attempted murder, rape and fraud.

“She’s an extremely good advocate, brilliant at cross-examination and very good tactically; she knows how to destroy the opposition.”
Chambers and Partners 2018

mary.mccarthy@walnuthouse.co.uk View Profile

Kelly Scrivener

Year Of Call : 2001

Kelly appears for both the Prosecution and Defence in all matters before the Crown Court and the Court of Appeal (Criminal Division).

kelly.scrivener@walnuthouse.co.uk View Profile

Bathsheba Cassel

Year Of Call : 2005

Bathsheba is a criminal barrister with a wealth of experience across all areas of complex and serious crime.

bathsheba.cassel@walnuthouse.co.uk View Profile

Joss Ticehurst

Year Of Call : 2006

Joss Ticehurst is instructed to defend and prosecute in cases involving the most serious criminal offences in the Crown Court, particularly those relating to allegations of rape, attempted murder, multi-defendant cases involving drugs and murder, and multi-defendant cases of fraud and drug conspiracies.

joss.ticehurst@walnuthouse.co.uk View Profile

Dan Pawson-Pounds

Year Of Call : 2007; Head of Crime / Deputy HoC

Dan has wide experience in all aspects of criminal law, quasi-criminal regulatory law, corporate investigations and international war crimes. He specialises in business crime, criminal law, terrorism and private prosecutions, both in court and in an advisory role.

Legal 500 2025 – Leading Junior Tier 1
Chambers & Partners 2024 – Band 3
Recorder (Crown Court) 2023

dan.pawson-pounds@walnuthouse.co.uk View Profile

Will Parkhill

Year Of Call : 2015

Defends serious crime.

will.parkhill@walnuthouse.co.uk View Profile

Brian FitzHerbert

Year Of Call : 2008

Brian prosecutes and defends in all areas of criminal law. His practice encompasses murder, manslaughter, sexual offences, serious violence and organised crime. He is a Grade Four advocate on the Crown Prosecution Service Advocate Panel and is also on the RASSO and Serious Crime Panels.

brian.fitzherbert@walnuthouse.co.uk View Profile

Felicity Payne

Year Of Call : 2010

Felicity is a common law barrister with an established and varied practice in all aspects of criminal and civil law. Felicity is thorough, practical and robust in her approach, whilst remaining personable.

felicity.payne@walnuthouse.co.uk View Profile

Frederick Hookway

Year Of Call : 2011 (Door Tenant)

Frederick is a door tenant at Walnut House and lives in the South West. We are happy to accept instructions on his behalf for any matters that are relevant to the Western Circuit. His main Chambers is 5 King’s Bench Walk in London and his full profile can be found through their site.

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Evie Dean

Year Of Call : 2019

Evie accepts instructions in both criminal and family law. She regularly appears in the Crown and Magistrates’ Courts where she prosecutes and defends in all stages of proceedings. She also acts for parents in both private and care proceedings from application stage through to contested interim and final hearings.

Since joining Walnut House after successfully completing a twelve-month pupillage in chambers, Evie has continued to enjoy a busy and varied practice. She has been complimented on her pragmatic and personable manner with her clients.

evie.dean@walnuthouse.co.uk View Profile

Zoe Kuyken

Year Of Call : 2021

Zoe joined chambers after successfully completing a 12 month pupillage in 2022.

Zoe accepts instructions in criminal and family law.

zoe.kuyken@walnuthouse.co.uk View Profile

Azzam Bhatti

Year Of Call : 2017

Azzam has a mixed Civil, Criminal and Family practice at Walnut House.

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Lee Bremridge (2003; Head of Chambers)
Simon Laws KC (1991)
Paul Cavin KC (1995; Door Tenant)
Adrian Chaplin (1990)
Simon Burns (1992)
Peter Coombe (1993)
Heather Hope (1993)
Mary McCarthy (1994)
Kelly Scrivener (2001)
Bathsheba Cassel (2005)
Joss Ticehurst (2006)
Dan Pawson-Pounds (2007; Head of Crime / Deputy HoC)
Will Parkhill (2015)
Brian FitzHerbert (2008)
Felicity Payne (2010)
Frederick Hookway (2011 (Door Tenant))
Evie Dean (2019)
Zoe Kuyken (2021)
Azzam Bhatti (2017)