Nick Ham
Nick is a regulatory crime specialist with over 20 years’ experience. With a wide-ranging practice embracing fraud, trading standards prosecutions, planning and housing enforcement, environmental crime, unlawful eviction, licensing applications and appeals, Nick is instructed by local authorities and private clients to appear in tribunals and courts at all levels, both first instance and appellate. He also advises on restraint, confiscation and other ancillary orders.
Nick has been praised as a natural communicator, with excellent client-handling and jury advocacy skills. He is efficient, up-to-date and down to earth.
Nick regularly gives lectures and seminars, most recently dealing with topics as diverse as POCA challenges, social housing fraud, data protection, environmental crime and unlawful eviction.
Areas of practice
Notable cases
TRADING STANDARDS
R v S [2002] EWCA Crim 2558 - counterfeit goods, statutory defence, human rights, compatibility with presumption of innocence.
R v Khalil, Danyal Adams Estate Agents Limited – fraudulent trading, residential lettings, holding deposits.
R v Hussain & Butt - advance fee fraud, mortgage brokering services.
Essex and East London Cars Ltd & Kayani - consumer protection regulations, product safety, car sales.
Poundstretcher Limited, Blockbusters Limited - underage sales, due diligence defence.
Z L Stores Limited & Zhao – counterfeit goods, product safety, laser pointers.
R v Karim - a London Borough’s first eBay fraud, counterfeit goods imported from China.
R v Marzec - importation of animals.
R v Shah - fraud, consumer protection regulations, trade mark infringement, building works.
R v Kent – manufacture/distribution of counterfeit goods.
PLANNING ENFORCEMENT
R v Knightland Foundation & Friedman [2018] EWCA Crim 1860 – terminatory ruling, abuse of process, misconduct of planning enforcement officers.
Smart Planning Limited [2018] EWHC 2372 (Admin) – rights of entry, vicarious liability
Sarodia v Redbridge LBC [2017] EWHC 2347 (Admin) – validity of enforcement notice, nullity.
HOUSING FRAUD
R v Adedeji & Adedeji – fraud/unlawful subletting by head of housing of a local authority.
R v Thomas, Nelson, Kiel – insider fraud, social housing register.
R v Aghalibe, R v Karicho, R v Wamalwa - council tenancy fraud, false identity documents.
R v Oshodi - right to buy fraud, unlawful subletting, confiscation.
R v Opaleye, R v Warr, R v Nyamu - fraudulently obtaining/subletting social housing.
UNLAWFUL EVICTION
Attorney General's Reference No 1 of 2004 [2004] EWCA Crim 1025 - unlawful eviction, statutorydefence, human rights, compatibility with presumption of innocence.
R v Shaukat – Court of Appeal, terminatory ruling, harassment of occupier
Sharomi & Sharomi – unlawful eviction, withdrawal of services, excluded tenancy
Associations and memberships
- Criminal Bar Association
- Middle Temple