Alec Small

Alec regularly appears in the Crown both prosecuting and representing defendants. He is a CPS Level 3 Prosecutor and regularly prosecutes and defends in  serious Crown Court matters, often prosecuting serious Multi-Handed drugs offences and Public Order Offences, he defends in domestic cases, drugs prosecutions and sexual offences. He also appears in Proceeds of Crime applications.

Alec prosecutes and defends in regulatory matters, representing Local Authorities and

Alec also appears on behalf of constabularies and the CPS in disclosure applications in the Family Court, using his knowledge of both jurisdictions to good effect to obtain vital information for ongoing investigations. He is also frequently asked to conduct independent Legal Professional Privilege reviews of seized material for various constabularies.

Notable cases:

R v Ricky Whitbread [2024]

• Alec was only the second counsel in Bristol to achieve a non-custodial sentence for a defendant convicted for his involvement in the August 2024 nationwide disorder, having successfully convinced judges to commission a PSR, and then a MHTR report.

R v Andrew Gregg [2024]

• Alec successfully prosecuted Mr Gregg at trial in Worle Crown Court for GBH following an incident where he had used his car as a weapon, resulting in the complainant requiring a leg amputation.

R v Charles Dooley [2023]

• Alec was successful in achieving the only acquittal for Mr Dooley who was accused of couriering drugs for a considerable multi-handed drugs conspiracy operating in Somerset.

DCC v McCracken & McGarel [2022]

• Alec, led by David Sapiecha, prosecuted this complex fraud on behalf of Devon County Council’s Trading Standards Team, resulting in the conviction of both defendants for their involvement in defrauding customers and mis-selling Solar Panels.

HSE v Keith Young [2021]

• Alec was asked to act as a stand in junior for Kate Brunner KC successfully defending the director of a demolition company accused of gross negligence Manslaughter following the death of a scaffolder in Cardiff.

R v Peter Daley [2018]

• Alec, led by Michael Hall, prosecuted this multi-million-pound fraud trial in Liverpool Crown Court. The Defendant had set up numerous companies, each mis-selling advertising in emergency services related magazines which did not exist. The case was complicated by the fact it had been investigated by numerous police forces, with complainants situated nationwide. The defendant pleaded guilty at the end of the Prosecution case and received eight years’ custody.

R v Luke Finch [2018]

• Alec successfully prosecuted this s.18 GBH trial in Gloucester Crown Court, where a disagreement in a club during the Cheltenham Gold Cup week resulted in the defendant biting part of the victim’s nose off. A trial on intent only resulted in a conviction and a 5-year sentence.

R v LEM, LM and SW [2017]

• Central Criminal Court – Alec Small, led by Jason Taylor represented the third defendant in a complex VAT and Excise Duty Fraud at the Old Bailey. Their client, the director of a wine importation company, was accused of illegally importing millions of pounds worth of undeclared wine from Italy and selling it for cash; evading vast amounts of taxes and duties payable in the process. In particular, their client was accused of being part of the ‘legitimate front’ presented by the company to HMRC to avoid detection.
• After a thorough and detailed analysis of the computer evidence disclosed by the crown, Mr Taylor and Mr Small identified that key documents; relied upon by the prosecution as evidence of their client’s having signed letters connected to the company’s fraudulent activities, were in fact signed electronically. Others in the company had been using an image of his signature which they ‘copied and pasted’ into the draft letters.
• Further expert computer analysis demonstrated that these documents had been produced without their client having any knowledge of their existence. As a result of this, the Albion team were able to successfully argue that their client had no case to answer in this £46 million fraud.

Alec regularly appears in the Employment Tribunals in all forms of hearing.

Alec is regularly instructed for both claimants and respondents in all forms of employment law disputes including dismissals, Equality Act disputes and breaches of contract. Working for individuals, companies and Local Authorities, taking on work at all stages of the process, from advising on prospects, through to last minute instructions on contested tribunal hearings.

Although primarily based in Bristol, Alec has a national practice, appearing in tribunals in Liverpool, Manchester, Birmingham and London.

In terms of his approach, Alec takes a pragmatic view on all of his cases and is able to absorb large amounts of information quickly and effectively, often spotting issues and contradictions which others may miss, particularly when looking at issues concerning metadata and other electronic evidence, he is also able to apply his advocacy and analytical skills from his criminal practice to tribunal proceedings to good effect.

Alec also regularly assists the wider team in training, recently assisting in seminars on furlough, metadata, flexible working requests and he also demonstrated a mock trial for ACAS.

Notable cases:

Ahmed & Macmillan v BCC [2023]

• Alec represented the City Council in this claim arguing that the Council’s COVID precautions during 2020 and 2021 had amounted to unlawful discrimination. Alec successfully argued that the Tribunal had no jurisdiction to hear a claim of indirect disability discrimination, and that the actions of the City Council had been justified in the circumstances.

Lucy Griffiths v GCC [2023]

• Alec acted for the Claimant in this five-day remote tribunal, on unfair dismissal, Alec was able to deploy his in-depth knowledge of the papers to good effect in cross-examination. Unfortunately, Alec was unsuccessful at first instance but successfully had the judgment overturned at the Employment Appeal Tribunal on the basis the judgment was deficient in its reasoning. The matter was remitted to the ET, enabling the client to achieve a settlement.

Amarandi & Others v NHS Cornwall Foundation Trust [2023]

• Alec successfully had the claims of a number of claimants struck out for lack of time. Their Union had incorrectly ascertained when the time limits for a claim for unlawful deduction of wages had started, and as a result had issued their claim a month out of time.

JI v GCC [2020]

• Alec successfully represented the Local Authority in this unfair dismissal looking at issues of long term sickness and part-time working.

CL v BCC [2020]

• Alec successfully represented the Local Authority in this Unfair Dismissal and Discrimination case where a Youth Offending Team worker had been dismissed following a finding of Gross Misconduct. This was in fact the first full final hearing heard by Bristol Employment Tribunal via CVP, a test to test its viability, which went very smoothly.

LF V BCC [2019]

• Alec represented the Local Authority in a case where a children’s social worker had been dismissed following a finding by the Family Court that she had lied in evidence, and doctored documents. The Local Authority had initially given the Claimant a final warning, before commencing a second disciplinary process which dismissed her. She claimed unfair dismissal, and was successful on the basis that instituting disciplinary proceedings until the preferred result was reached wss unfair. However, Alec was able to demonstrate that her actions in the Family Court, had irreparably damaged her ability to undertake her role going forwards, resulting in a contributory fault finding of 80% and a Polkey reduction of 50%.

AMD v LL [2018]

• Alec represented the claimant in a one-day final hearing in a case alleging disability discrimination. Alec was able, through cross-examination based upon timesheets, pay slips and accounts to demonstrate that the Respondent had falsified his accounts, forcing a settlement before judgment.

AP v SC Ltd [2017]

• Alec was instructed for the complainant in a five-day final hearing, the complainant had claimed for Sexual Harassment, Victimisation and Discrimination against her employers. Alec’s cross-examination of the chief witness for the Respondent revealed that evidence had been likely withheld and internal procedure not followed in relation to her initial complaints. In particular highlighting that the respondent witness had been able to prepare his defence to the complaint before he had been notified of it.

Alec accepts instructions to act on behalf of Local Authorities, families, the Official Solicitor, Integrated Care Systems (ICSs), and the Office of the Public Guardian in matters involving both welfare and finance. He has been a member of the Court of Protection team since joining Albion Chambers in 2014 and has regularly assisted local authorities, NHS authorities and solicitors’ firms with education and training.

Alec is known for his ability to assimilate material quickly, build a good rapport with clients and is able to cut to the heart of the issues in the case, in this way he is able to find a route through the case with an eye on avoiding unnecessary costs and delay.

Notable Cases:

SCC v TN [2024]

• Alec represented the mother in this complex case in the High Court concerning her son’s capacity to engage in sexual relations, and the risks he presents to young women.

LRB v OPG [2024]

• Alec represented the OPG in an application to review, and if necessary, revoke an LPA where there were concerns about P’s capacity to appoint an Attorney.

LJ v IJ v BCC 

• Alec represented P (instructed by the Official Solicitor) in this bitter family dispute. The issue was between siblings over whether their mother should continue to reside in a care home, or return to the family home. The case also involved related issues over deputies, LPAs and finite resources. Alec represented P throughout the proceedings until a contested final hearing where he successfully argued against P’s eldest son’s application to move her back into the home with him, also ensuring he was stripped of his status as LPA.

BBC v NA 

• Alec represented P in this case which focussed upon the issues raised by the PJ v Welsh Ministerscase, before it was heard by the Supreme Court. It had been agreed by all parties that P should move to a new placement. However, the move was opposed by P’s responsible clinician. Following the decision of the SC in PJ however, P was allowed to move.

JW v CC & KCCG

• Alec represented the CCG in this case where P was actively challenging the decision that he lacked litigation capacity, whilst accepting that he lacked subject matter capacity.

RK v TC

• Alec represented the Local Authority in this unusual case where P, a Finnish Citizen had been found to be ineligible for financial and care support within the UK and the LA were prevented from supporting her financially; leaving her effectively destitute. A negotiated settlement was reached, which left Alec successfully arguing for the Court of Protection to authorise a deprivation of her liberty while she was transferred by car and plane to a waiting care facility in Finland.

WC v D re: CD 

• Alec represented and advised a local authority in a complicated case concerning a daughter who was concerned for her reclusive mother’s welfare. A key issue was how to ascertain the capacity of a person who refused to open her door to anyone from authority, and would only speak to people she knew in town.

JE v MCC Re: PE 

• Alec represented in proceedings concerning a wife who was facing a divorce application from a husband who was found to have lacked capacity and her cross-application for contact with him. One of the key issues in the case was the role of the husband’s children in the litigation, in particular their contention that he did not lack capacity to litigate his divorce.

Legacy

• DCC v xNHS Trust Acting for a health authority in relation to a case involving accusations that members of the family were alleging entitlement on the estate. Alec advised the trust that their role had effectively come to an end and the most economical way forward was to leave the proceedings.