Barry McElduff
CALLED TO BAR: 2002
INN OF COURT: Lincoln's Inn
EDUCATION: BA (Hons), ERASMUS Scholar (Queen’s Belfast) 1998, Lord Brougham Scholar (Lincoln’s Inn) 2001, Hardwicke Scholar (Lincoln’s Inn) 2002
PRACTICE AREAS: Criminal Law, General Common Law
Work Summary
Barry McElduff has been at 2KBW since being called to the Bar. He practises almost exclusively in crime and its related fields. He is a Grade 3 Prosecutor on the CPS Approved List of Advocates for the Western Circuit. He is also on the CPS London list.
Whilst he has developed a reputation as a tenacious cross-examiner, he is also noted for his sensitive handling of vulnerable witnesses.
EXAMPLES OF RECENT CASES
2012
- R v Harrison - defending allegations of torture, robbery and false imprisonment.
- R v O'L - defending in a conspiracy to burgle alleging incidents over a six month period across several counties in the South of England.
- R v H - defending historical sexual allegations made by the Defendant's niece.
2011
- R v O - Defending man charged with raping his daughter when she was seven, now aged eleven.
- R v B - Prosecuting multiple complainant sexual abuse allegations that involved indicting offences from outside the English jurisdiction.
- R v O'D - Prosecuting multiple complainant sexual abuse allegations that stemmed from the early 1970's.
- R v Sharpe - Defending fully contested POCA hearing where benefit figure and available amount reduced by approximately 75%
- R v Gibbs and ors - Defending main Defendant in large scale Violent Disorder arising from Portsmouth v Cardiff football match.
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2010
- R V Wilson and ors - Defence of a football fan alleged to have been part of a large Violent Disorder following a Southampton-Portsmouth F.A. Cup tie.
- Operation Fawley - Led Junior representing the owner of a care home charged with allegations of neglect of mentally incapacitated aduilts who were resident in the home at the time, believed to be the first case of its kind nationally.
- R v B - Defending in a multi-complainant sexual abuse allegations case arising out of a children's home in the 1970's. Following one jury discharge and one hung jury, the case was stayed as an abuse of process.
- R v T - Representing a 17 year old charged with attempted murder, acting as sole junior.
2009
- R v Edwards - Defending a man charged with theft of tools from the MOD over a 20 year period.
- Operation Kiff - Defending in a large scale amphetamine importation.
- Operation Pantheon - Successsful defence of man alleged to be the accountant in a large scale Cocaine conspiracy.
- Operation Panwell - Prosecution of a Conspiracy to burgle elderly people by distraction methods across several counties of Southern England.
- R v Buckley - Led Junior in a large scale fraud relating to mobile SIM gateways.
Reported Cases
2012
R v Dalby [2012] EWCA Crim 701 - development in relation to what can and cannot constitute bad character evidence.
2011
R v Hopkins [2011] EWCA Crim 1513 - leading case in relation to the Mental Capcity Act 2005