David Birrell

Call 2006

birrell@exchangechambers.co.uk

"An exceptional jury advocate and a Silk in the making."

The Legal 500, 2025
Photo of David Birrell

Criminal

“Incredibly persuasive.  Always prepared and never flustered” (Legal 500, 2025)

“David can master a case immediately upon instruction.  His advocacy is incredible” (Legal 500, 2024)

“David’s attention to detail is extraordinary.” (Legal 500, 2023)

“His patience and understanding make him stand out from others.” (Legal 500, 2023)

“Nothing is ever too much trouble” (Legal 500, 2023)

David specialises in serious crime.  He defends and prosecutes (at Category 4, the highest level) in roughly equal measure. He handles cases in all areas of the criminal law including homicide, drug trafficking, terrorism, high value fraud and money laundering, and rape and sexual abuse.  He has experience of leading teams in complex and sensitive cases.

He is regularly instructed in long running and high-profile cases which attract widespread media coverage.  He defended as leading junior in R v Green and others, described by the BBC as ‘the UK’s biggest drugs conspiracy’.  He also defended in R v Barton and others, a year-long fraud trial in which his client was the only defendant to be acquitted.

Hardworking and dedicated, David goes the extra mile for his solicitors.  His lay clients appreciate his calm, patient and sympathetic manner.  His advocacy, particularly his cross examination of witnesses, is economical and extremely effective.

 

 

Cases

R v KB (2024).  Attempted murder, prosecuting.  D stabbed a youth in the chest.  Expert evidence going to to causation.  Guilty verdict.

R v Garrett (2024).  Possessing a firearm with intent to endanger life, prosecuting.  D went on rampage with AK-47 in Liverpool.  Defence claimed D’s motivation was ‘suicide by cop’.  David skilfully cross examined a consultant psychiatrist to persuade court otherwise.  Case reported nationally   https://www.bbc.co.uk/news/articles/c4nnp4q5zgzo

R v McQuade and others (2024).  Conspiracy to import class A drugs, defending.  Encrochat case involving 100s of kilograms of class A drugs.  David secured good sentence and extremely favourable confiscation order for his client.

R v Gill and others (2024).  Conspiracy to defraud, defending (first Defendant).  D and co-accused alleged to have defrauded customers of millions of pounds by installing poor quality solar panels.  Not guilty verdict following 4 week trial at Reading Crown Court.

R v Cook (2024).  Using a firearm with intent to resist arrest, prosecuting.  D pointed gun at female police officer.  Guilty verdict.  Case reported nationally https://www.mirror.co.uk/news/uk-news/thug-shouts-love-you-loads-34036687

Op Nebraska (2024).  Conspiracy to supply class A drugs, defending.  Encrochat case involving 100s of kilograms of class A drugs.  David deployed legal argument to persuade the court to substantially reduce the sentence for this client.

R v TC (2023).  Rape in which D advanced ‘sexsomnia’ defence.  David skilfully cross examined an expert witness.  David has conducted numerous ‘sexsomnia’ cases over 5 years such that solicitors now consider him an expert in this ever-developing field.

R v Green and others (2022-2023).  Conspiracy to import vast quantities of Class A drugs. Defending, as leading junior.  Trial lasted over a year.  Case described by the BBC as ‘the UK’s biggest drugs conspiracy’.

R v AH (2022).  Terrorism.  Defending.  D, who was serving a sentence for terrorism offences, was alleged to have disseminated terrorist materials from prison.

R v IG (2022).  Death by dangerous driving.  Defending.  Acquitted.

R v PT (2021).  Conspiracy to supply controlled drugs.  OCG alleged to have supplied hundreds of kilograms of class A drugs.  D, who had been extradited from Spain, was acquitted after David exposed gaps in the surveillance and telephone evidence.

Operation Clump (2019).  VAT fraud.  Defending.  DJ and music producer charged with defrauding HMRC over 7 years. Acquitted.

Operation Ischia (2019).  Large scale violent disorder trial involving German football hooligans.  David’s client, a Liverpool doorman said to be a principal offender, was acquitted following a 4-week trial in which David closely exposed flaws in the CCTV evidence and doggedly uncovered vital unused material.

R v DK (2019).  Conspiracy to transfer firearm.  Defending.  D’s dogged pursuit of unused material exposed a serious irregularity which caused the Prosecution to offer no evidence on the morning of trial.

R v Barton and others (2017-2018).  Conspiracy to defraud.  Defending.  Over 100,000 pages of evidence.  Trial lasted over 12 months.  D acquitted.  Case reported in national press.

R v Nam Pham and others (2016).  Conspiracy to supply controlled drugs.  Defending.  8-week trial.  D successfully advanced a defence of ‘modern slavery’ on behalf of Vietnamese client.

R v Z and others (2013).  Conspiracy to murder.  D represented the first named defendant in 7-week trial.  Complex issues of causation and toxicology.  Case reported in national press.