7 bell yard chambers tel: 020 7831 0636

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Jose Olivares Chandler
Year of Call 2000

 

Jose was called to the Bar in 2000 and is a member of Middle Temple and the Criminal Bar Association. He read law at University College London. He practises in the fields of criminal (both defence and prosecution) and civil law:

 

Defence (publicly-funded):
Jose represents those accused of committing offences across the spectrum of criminal law. In particular, he has successfully conducted trials concerning wounding with intent, the importation of Class A drugs and the possession of a prohibited firearm and secured an acquittal as sole counsel in an eight-day triple rape case where there was evidence of witness intimidation. He has been instructed in numerous fraud and commercial crime cases, including those concerning the Insolvency Act 1986, as well as a multi-handed matter relating to arson with intent to endanger life and all types of cases involving conspiracies and serious allegations of sex (including male rape), violence, public order, firearms, dishonesty, drugs and POCA offences. He has also appeared successfully on a number of occasions in the Court of Appeal (Criminal Division), including the only Bomb Hoax case at the time of the London July 7th bombings to reach that court. Jose has been instructed as junior counsel in a sex-trafficking case where the prosecution arose after evidence supplied by a Donal McIntyre Undercover investigation which appeared on television. He is currently instructed in an attempted murder where the defendant is a youth.

Defence (privately-funded):
Jose is experienced in representing those accused of committing offences which do not attract legal aid, such as Road Traffic matters, and has been instructed in over 75 such cases. Moreover, Jose conducts the defence of those who do not wish their advocate to be publicly-funded and has represented the interests of individuals and companies accused of offences of violence (including GBH, handling stolen goods, benefit fraud, council tax non-payment, VAT non-payment, trademark infringements, unauthorised depositing of waste and bigamy (!)

Jose acts for prosecuting authorities in relation to all types of criminal law and has appeared as sole prosecution counsel in a number of serious cases, including a complex trial involving false accounting and a matter relating to the circumvention of technological measures designed to prevent the unlawful copying and downloading of computer games.

In particular, Jose is instructed by the Crown Prosecution Service, the Revenue and Customs Prosecutions Office, the Department of Work and Pensions, Local Authorities, Trading Standards, VOSA and SERCO. He has dealt with PII issues which arose in a case he was prosecuting.

Jose has represented prisoners at Independent Adjudication Hearings for a number of years and has prepared advices on applications for judicial review relating to parole hearings.

Jose appears on behalf of companies accused of unauthorised depositing of waste under the Environmental Protection Act 1990. He has acted successfully for the Respondent company in a High Court Appeal case which has clarified the law in relation to s34(1)(b) of the 1990 Act and has subsequently been reported. Jose has successfully defended a farmer in proceedings relating to depositing material on the highway which resulted in a car crash. The court accepted his legal submission that negligent driving afforded a defence, notwithstanding that this is a moot point.

He has also conducted cases involving abatement notices and offences contrary to the Housing Act 2004.

 

Jose represents solicitors' firms which sue clients for non-payment of fees. In particular, he undertakes cases where there are counterclaims involving professional negligence.

Jose acts for Trading Standards departments in relation to effecting the cessation of trading practices which breach consumer regulations. This entails seeking Undertakings from "rogue traders” as well as applying for Enforcement Orders in County Courts under Part 8 of the Enterprise Act 2002, including heads of action relating to the Consumer Protection from Unfair Trading Regulations 2008. Jose was successful in applying for the first Enforcement Order at Reading County Court. This case was the subject of an Inside Out investigation which appeared on television in Autumn 2006. The Enforcement Order was subsequently breached and Jose successfully applied to the court to commit the Respondent to prison for Contempt of Court. Jose was also successful in applying for the first Enforcement Order at Edmonton County Court.

He is currently instructed by a number of local authorities in relation to consumer regulation law, including a case where the defendant is a large company.

Jose has advised Claims Management Companies and solicitors’ firms in numerous cases on the validity of consumer credit agreements and Payment Protection Insurance. He has accepted instructions on a no win, no fee basis. He has appeared as an advocate on behalf of consumers in a number of county court proceedings.

Jose undertakes both Claimant and Defendant work. He has been instructed in a multi-track case for a defendant director of a company. He has defended a hotel owner in a multi-handed claim for millions of pounds of damages following the murder of an American tourist by a known sex offender. He successfully applied to the High Court for summary judgment in that case.

Jose represents bankrupts in the High Court and, in particular, has successfully applied to annul a bankruptcy. He has also succeeded in applying to vary a restraint order.

Jose represents Claimants and Defendants in relation to possession proceedings and building disputes. He has successfully prevented the eviction of a Mortgagee and has been successful in applying to postpone an order for possession of a property for 8 years until the youngest occupant reaches majority. He has also successfully resisted an appeal against a costs order in a Landlord and Tenant case. He has drafted applications for adverse possession and acted in disputes relating to boundary disputes.


Mediations:
Jose has acted as counsel for a party in a mediation relating to a property claim worth £500,000.
Reported cases:
London Borough of Camden v Mortgage Times Group Ltd (2006) (Environmental Law).


Articles
"London Borough of Camden v Mortgage Times Group Ltd – a wasted opportunity?"
"Has the muddy law on depositing on a highway been clarified following R v Parker?"
"National Bar Mock Trials Competion Final 2007"


Public speaking


Criminal law:
Jose conducts seminars on all matters concerning crime. In particular, he provides lectures (with accompanying handouts) to defence solicitors on the provisions of the Criminal Justice Act 2003 relating to Bad Character evidence, Hearsay evidence and defence disclosure obligations. He was a main speaker at the Legal Aid conference 2006 held at the Law Society.


Civil law:
Jose has run day-long workshops on Part 8 of the Enterprise Act 2002 on behalf of the Office of Fair Trading for Trading Standards departments across the UK. In particular, he conducted the pilot workshop in relation to these types of proceedings. Furthermore, Jose has conducted a number of workshops on the CPR in so far as they apply to Part 8 of the Enterprise Act 2002.


Committee work
Jose used to sit on the Young Barrister Committee of the Bar Council and is currently a member of the Bar Mock Trials Working Party for the Citizenship Foundation. He formerly sat on the Pupillage Board of the Bar Council, the Forensic Accountancy Working Party and the Third-six Pupillage Working Party.
Jose has previously been actively involved in organising international events for young lawyers and heads the International Team of the YBC. In particular, he was on the organising committee of the Anglo-Dutch Exchange 2006 which entailed a week-long educational and social programme for approximately 70 Dutch lawyers. He assisted in the organisation of the International Weekend 2005 and 2007 for International young lawyers. Jose has assisted in the organisation of the Anglo-Irish exchange involving young barristers which will run for three weeks during the Summer of 2008, having helped to arrange the inaugural Anglo-Irish exchange in 2007.


Relevant legal experience
Prior to entering the profession, Jose worked for the Federal Defenders in Philidelphia, USA, where he represented prisoners on Death Row. He was also employed at Lovells solicitors where he worked on the privatisation of Air Traffic Control, the first privatisation by the Labour Government, as well as in reinsurance.


Personal interests
Jose spends his spare time socialising and keeping fit. In particular, he likes nothing better than to go out for a drink, eat out at a restaurant and then see a band or go clubbing with friends.


Jose is currently in training for the Royal Parks Half-Marathon 2010, having previously completed the Great North Run 2007, the Run to the Beat Half-Marathon 2008 and the Robin Hood Half-Marathon in 2009. He runs on behalf of the MS Society.


Those curious individuals [you know who you are!] who are wondering about the origin of Jose's name will be interested to know that he has a Chilean father and an English mother.