Laura Herbert

Year of Call: 2009
Inn of Court: Inner Temple

Laura Herbert


Known for her clear and cogent advice she is a persuasive advocate specialising in crime, extradition, fraud, professional discipline, public law and aviation law.

Her practice is built upon robust advocacy skills and her ability to understand her clients’ needs and provide clear guidance. She has over 7 years of expertise in extradition law and regularly appears in the High Court on extradition appeals and has been involved in leading complex cases.

She frequently drafts successful applications for leave to appeal to the High Court and is known for her clear and well thought out written arguments and oral submissions. She acts for both prosecution (Level 2) and defence on a broad range of criminal matters including successful defences to s.18, possession with intent to supply class A, a multi-handed robbery in the Central Criminal Court, and successfully prosecuting a violent multi-handed robbery at Woolwich Crown Court.

Significant Cases

Significant Extradition Cases

  • Danco v. Czech Republic [2017] EWHC 1300 (Admin) – Successful appeal under s.21(A)-proportionality.
  • Rackaukas v. Lithuania [2017] EWHC 1358 (Admin) – Divisional Court appeal arguing breach of Article 3 ECHR inhuman and degrading treatment.
  • Wisniewski & Others v. Poland [2016] EWHC 386 (Admin) – Leading case on meaning of ‘fugitive’.
  • Lukaszewski v. Poland [2017] EWHC 1615 (Admin) – Successful argument that EAW was not based on an extradition offence.
  • Borkowski v. Poland [2015] EWHC 804 (Admin) – Successful appeals arguing Article 8 ECHR right to family life.

Significant Criminal Cases

  • Ibrahim v. Crown Prosecution Service [2016] EWHC 1750 (Admin) – Case stated on the issue of admission of res gestae evidence.
  • R v. Sayed [2014] EWCA Crim 282 – Successful appeal against manifestly excessive sentence.
  • R v. Greenwood [2013] EWCA Crim 2613 – Successful appeal against historic IPP sentence.

Significant Public Cases

  • Queen v. Clark & Drury [2015] EWHC 2383 – Judicial review against the Secretary of State.

 

  • BA (Hons) History, University of York
  • LL.B (Hons) Law, College of Law
  • Member of Management Committee at Charter Chambers
  • Major Scholarship (2008), Inner Temple
  • Young Fraud Lawyers Association (Committee Member, 2014-Present)
  • Extradition Lawyers Association
  • Defence Extradition Lawyers Forum

Areas of Specialism


Crime

She acts for both prosecution (Level 2) and defence on a broad range of criminal matters. She has made successful appeals against sentence R v Sayed [2014] EWCA Crim 282; R v Greenwood [2013] EWCA Crim 2613 (historic IPP sentence) and appeared in the case stated Ibrahim v CPS [2016] EWHC 1750 (Admin).

Extradition

She regularly appears in the High Court on extradition appeals and has been involved in leading cases such as Wisniewski & Others [2016] EWHC 386 (Admin). She frequently drafts successful applications for leave to appeal to the High Court and is known for her clear and well thought out written arguments and oral submissions.

She is frequently at City of Westminster Magistrates’ Court on extradition matters and has obtained certificates for counsel arguing novel and complex points, including issues in relation to the applicability of Strasbourg decisions.

Fraud & Commercial Crime

Her practice also focuses on serious fraud. She is Panel C Counsel for the Serious Fraud Office and has worked on a number of their prosecutions assisting with investigation and disclosure. She has also undertaken a number of fraud cases in her own right.

Professional Discipline

She has appeared and drafted submissions on behalf of the Registrant in a number of cases before the Conduct and Competence Committee at the NMC and HCPC.

Public Law

She was the junior on Queen v Clark & Drury [2015] EWHC 2383 which challenged to the Secretary of State’s decision to refuse compensation under s.133 Criminal Justice Act 1988.

Aviation

She has completed a secondment at the Civil Aviation Authority (CAA) working in the Office of the General Counsel which has given her expertise in relation to aviation law and practise.

Other Details


She was a selected speaker chosen by the Bar Council ‘English-Polish Law Day’ in Warsaw on 22/5/17.