We are proud to announce The Red Lion Lectures 2019, a programme of talks on topics of interest to criminal and regulatory practitioners.
There will be eleven lectures in total, the majority of which will be jointly presented by a senior member of Red Lion Chambers together with an expert from a leading London law firm. We are delighted to welcome guest speakers from Kingsley Napley, Peters & Peters, Corker Binning, Blackfords, Freshfields Bruckhaus Deringer, Withers Worldwide, White & Case, Bivonas Law and Edmonds Marshall McMahon.
The programme is completed by two lectures from leading academics in their respective fields. Professor Richard McCrory CBE, the UK’s first professor of environmental law and described in Chambers UK as ‘a pre-eminent and pioneering academic’, will co-present a talk on environmental prosecutions. The keynote criminal law lecture will be presented by Professor David Ormerod QC (Law Commissioner, Professor of Criminal Law at University College London, Deputy High Court Judge and a door tenant at Red Lion Chambers).
This lecture series is presented in association with The Dickson Poon School of Law, King’s College London and each event will be held at the college’s 400-seater Auditorium lecture theatre on the main campus at Bush House on the Strand, close to the heart of legal London. The lectures will be followed by a drinks’ reception in the 8th Floor South reception room and adjoining roof terrace, with its spectacular views over the Thames and the Embankment.
We look forward to meeting you at what we anticipate will be an exciting and informative series of lectures.
Tony Shaw QC & Gillian Jones QC
Joint Heads of Chambers
"NOBODY EXPECTS THE SPANISH INQUISITION!"
Challenging Search Warrants
by Tom Forster QC of Red Lion Chambers and Matthew Hardcastle, Associate at Kingsley Napley
1) Application for a search warrant
a. Process in ex-parte application
b. Distinction between search warrant powers/procedure and use of post-arrest powers:
i. Where the criteria for both processes can be fulfilled, there is a choice of which power to use;
ii. Use of arrest to circumvent the likely refusal of an application to obtain a search warrant is likely to be unlawful;
iii. Law Commission reform paper refers to “reported concerns that there may be a tendency to sidestep the warrant procedure by means of arrests without warrant…” – be alive to this approach.
2) Practical scenario
a. Solicitor takes the call saying the search warrant is being executed on premises “right now”
i. What to do in those circumstances.
ii. Practical considerations and tips on how to challenge at that stage
b. Routes to information
i. In the Police Station
ii. Roadmap seeking information
1. Using CrimPR and key cases
3) The challenge
a. Review of the grounds of challenge.
b. Challenge upheld
i. Consequences of search or warrant being unlawful
c. Giving relief
d. Special circumstances
i. Inextricably linked material
ii. Special procedure material
e. Return of property – focus on digital.
4) Concluding remarks/Q&A.
Tom Forster QC
Red Lion Chambers
Tom Forster provides specialist representation and advice in serious and complex fraud and associated asset freezing / confiscation proceedings. In addition, he advises corporates and individuals upon self-reporting and corruption responsibilities.
He practices in the public law sphere and in particular is instructed as a Special Advocate in the High Court / Administrative Court / SIAC in cases involving issues of national security and human rights.
He is a contributing author to Archbold and lectures on behalf of the British Institute for Human Rights.
Associate, Kingsley Napley
Matthew has an excellent track record in defending serious and complex matters. He has considerable experience of advising clients during interviews under caution both following an arrest and during a voluntary attendance. This includes advising high profile individuals; regulated individuals and advising in matters which attract significant media interest.
Matthew is the co-author of Blackstone’s Police Station Handbook and Legal Action Group’s bi-annual Police Station: Update. He will also be working with Professor Ed Cape on the next edition of Defending suspects at police stations. Matthew was appointed as a specialist advisor for the House of Commons Justice Committee’s Inquiry into the Disclosure of Evidence in Criminal Cases.
"EVERYTHING YOU EVER WANTED TO KNOW ABOUT CRIME* (*BUT WERE AFRAID TO ASK)"
A Review of the Year in Criminal Law, Procedure and Evidence
by Prof David Ormerod QC of Red Lion Chambers and Law Commissioner, Professor of Criminal Law at University College London and Deputy High Court Judge
"THE TRUTH IS OUT THERE!"
Problems with Prosecution Disclosure
by Tony Shaw QC of Red Lion Chambers and Steve Sharp, Partner at Bivonas Law
"EVER DECREASING CIRCLES?"
Developments in Anti-Money Laundering
by Allison Clare of Red Lion Chambers and Jonah Anderson, Partner of White & Case
A Guide to Environmental Prosecutions
by Sailesh Mehta of Red Lion Chambers and Prof Richard McCrory CBE, Director of the Centre for Law and the Environment at University College London
"FEELING YOUR (WHITE) COLLAR?"
FCA Prosecutions & Enforcement Action
by Cameron Brown of Red Lion Chambers and Ruby Hamid, Counsel at Freshfields Bruckhaus Deringer
The Prognosis for Abuse of Process
by David Young of Red Lion Chambers and David Corker, Partner at Corker Binning
The Red Lion Lectures 2019
In association with The Dickson Poon School of Law, King’s College London
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"UNCLE SAM'S BACKYARD?"
The SFO and the Quiet Americanization of English Justice
by Ed Vickers QC of Red Lion Chambers and Daniel Cundy, Partner at Blackfords
This lecture will survey the landscape of serious fraud prosecutions in the UK and consider the increasing adoption of US methods of law enforcement to tackle corporate crime.
The Serious Fraud Office in recent years has had something of a reputational problem. Losses in high profile cases involving Libor, Tesco, Barclays, Tchenguiz; investigations dropped against Rolls Royce, GlaxoSmithKline, BAE; attempts to restrict the use of litigation privilege by companies defeated.
Is it any wonder that the Government has turned to the US for inspiration to help solve the growing problem of how to prosecute successfully national and international fraud; and turned to American lawyers and methods to turn the SFO into a more efficient, results-driven organisation?
With new Director, Lisa Osofsky, having completed her first six months in post, in which many bold decisions have been made, now is a good time to look at the direction that the SFO is taking under her leadership, to examine the increasing use over recent years of US-style methods to prosecute white collar fraud, the tools available for use, and to consider the future of Deferred Prosecution Agreements, plea bargaining, global settlements, asset recovery and Unexplained Wealth Orders.
The lecture will fuel the debate about the approach that companies need to take in relation to governance and compliance, cooperation with regulatory and investigatory authorities, and, so that individuals are not ‘thrown under the bus’, lawful protection of their employees.
It will further bring focus and insight to the defending of individuals who have been ‘thrown under the bus’ and the difficulties the SFO face with disclosure in such cases and it will involve some discussion as to whether Deferred Prosecution Agreements are inherently conflicted and unsustainable. Recent insight into characteristics identified as examples of the SFO working with the FCA and NCA will also be discussed.
Ed Vickers QC
Red Lion Chambers
Ed Vickers QC is a leading criminal barrister instructed in the most serious criminal cases at Crown Court and Appellate level. He took silk after successfully defending in the UK’s first FGM trial. He is regularly instructed in cases involving complex white collar crime as well as defending in homicide cases.
Ed has appeared in a wide range of high-profile cases reported in the media, including fraud and money-laundering involving EU funds, corruption, Money Service Bureaux and Hawala banking, and fraud involving national charities. In addition to his defence work, Ed has prosecuted fraud and money laundering for HMRC and the CPS Specialist Fraud Division and large-scale fraudulent trading for the Insolvency Service.
Ed is also instructed in Tax Tribunal cases. Ed is a member of the Bar Council’s Ethics Committee and is Treasurer of the Kalisher Trust, a charity which encourages a more diverse profession by supporting students from non-traditional backgrounds to pursue a career at the Bar.
According to Chambers & Partners, Daniel is “A brilliant fraud lawyer, who has unrivalled knowledge of procedure”.
He has a wealth of experience specialising in white collar criminal defence; advising company directors, officers and private individuals and representing those facing investigations, and those defending large and complex cases, which include allegations of VAT, duty, corporate tax and personal tax evasion, corruption, bribery and breaches of sanctions; pensions, property, mortgage and insurance fraud allegations and money-laundering, brought by all large prosecuting bodies, including the SFO, NCA, HMRC, FCA, ICO and the police. He provides strategy consultancy in criminal law related matters and is regularly instructed in very large and often multi-jurisdictional cases.
Daniel regularly provides discreet advice and assistance to national organisations and, with other partners of the firm, advises and assists in relation to regulatory matters involving the Electoral Commission.
"KEEP CALM AND CARRY ON (PRIVATELY) PROSECUTING!"
The Law and Practice of Private Prosecutions
by Gillian Jones QC of Red Lion Chambers and Andrew Marshall, Partner at Edmonds Marshall McMahon
This lecture will begin with an overview of what private prosecutions are and the types of individuals and organisations who may consider bringing such a case, before going on to explore why they are needed and the types of cases that have successfully been brought as private prosecutions. It will also address the reasons why a criminal prosecution may be preferable to civil proceedings (the arguments in favour, the pitfalls and the alternatives) and consider each of the following:
The lecture will also include a practical guide as to how a private prosecution is brought (from the initial stages, through an investigation to charge and the steps required to bring a case to court, consideration of the disclosure position and a discussion of when civil and criminal law can be used in tandem.
Gillian Jones QC
Red Lion Chambers
Cited as a Leading Silk in 2019 in financial crime, business and regulatory crime (including global investigations), Proceeds of Crime Act and Asset Forfeiture, as well as General Crime by Legal 500, Chambers UK and Who’s Who Legal. Gillian has a high-profile practice with a particular specialisation in financial and corporate crime, acting on behalf of individuals, corporate clients and the prosecution – many of her cases are well-known with a global reach. Gillian also advises companies on compliance issues, internal investigations, and strategically following commencement of investigations by the SFO, FCA and other regulatory bodies. Her practice is such that she has acquired specialist knowledge of restraint and confiscation, the obtaining of material from foreign jurisdictions, and an understanding and analysis of complex bank movements and off-shore transactions.
Described as “An assiduous and quick-thinking, formidable silk whose cases involve allegations of insider dealing, rate rigging and investment fraud. She is experienced in significant bribery and corruption cases…[she] is able to navigate the most complex cases and get to the heart of a matter almost instantly. She is a go-to person for those seeking pragmatic, sensible and reliable advice.” – Chambers UK (2019)
“She has an incisive legal mind which enables her to cut rapidly to the crux of the issues in the most complex cases…Her advice is pragmatic and rigorous, making her highly sought after.” – Legal 500 (2019)
Andrew Marshall, Edmonds Marshall McMahon & Red Lion Chambers
Andrew Marshall is one of the co-founders of Edmonds Marshall McMahon – a City boutique firm specialising in, and with unrivalled experience of, conducting private prosecutions. He is a barrister (and member of Red Lion Chambers) with over 30 years’ litigation experience – most conducting cases at the highest level and as Standing Counsel to the Attorney General (e.g. insider trading, arms trafficking, environmental). He has conduct of the most difficult cases across a wide range of fields and jurisdictions. His practice reflects his considerable experience conducting the most complex cases and his legal, technical and advocacy abilities, particularly in fraud, specialist regulatory, criminal and quasi-criminal areas. Andrew’s cases frequently involve Judicial Review and High Court (especially Chancery) actions.
Andrew is consistently recommended in the directories both in his capacity as a barrister (’technically excellent and innovative and a very able and extremely intelligent advocate’, ‘impeccable judgement’; ‘he makes complicated things sound simple’ ‘extensive experience of prosecuting high-value matters’ ‘expert on document-heavy cases involving complex technical evidence’, ‘highly experienced prosecutor, absolutely committed to his cases’, Chambers and Partners) and at Edmonds Marshall McMahon (‘wise, has experience and a measured approach’, ‘extremely bright, hard-working and tactically astute’, Legal 500).
At Edmonds Marshall McMahon, Andrew’ work has included conduct of the UK’s largest corporate private prosecution, R (Das UK Holdings) v Paul Asplin & Others (three-month trial x 6 defendants, fraud by CEO over 14 years) through the courts to its successful conclusion, prosecuted Andrew Camilleri to conviction for insolvency offences, conduct of the complex Patel private prosecution linked to a Chancery action for a forged will and conduct of multi-£m Chancery action re account of profits arising from breach of fiduciary duty.
"DRAINING THE SWAMP?"
Unexplained Wealth Orders and The War on Dirty Money
by Jonathan Fisher QC of Red Lion Chambers and Jasvinder Nakhwal, Partner at Peters & Peters
With the National Crime Agency recently stating that it is considering hundreds of cases for possible action, Unexplained Wealth Orders have continued to attract much attention in the media. But notwithstanding the NCA’s recent success in the Azerbaijani case where the respondent spent £16 million in Harrods during the last ten years, several important questions hang over the scope of the new legislation, and how it is to be applied.
Jonathan Fisher QC of Red Lion Chambers
Jasvinder Nakhwal, Partner at Peters & Peters
"SAFE HAVENS IN THE PERFECT STORM?"
HMRC Investigations after the Common Reporting Standard and Criminal Finances Act 2017
by David Walbank QC of Red Lion Chambers and Tessa Lorimer, Consultant at Withers Worldwide
This lecture will address the increasing difficulties faced by taxpayers under criminal investigation by HM Revenue and Customs and by their professional advisors.
On 30 September 2018, HMRC began to receive information pursuant to the Common Reporting Standard from the so-called ‘late adopter’ countries, many of which were hitherto characterised as tax havens. This lecture will begin with an exploration of the practical impact of this free flow of information to HMRC from jurisdictions worldwide. It will address the following questions:
- Why is the Common Reporting Standard a game changer?
- What has the UK done in anticipation of this data exchange, eg increased civil sanctions, new criminal sanctions, extending time limits for tax assessments & mandatory disclosure rules
- What categories of assistance can be requested?
- Which agencies are involved in the process?
- What are the additional risks now faced by taxpayers?
- What hurdles does HMRC still need to surmount?
Next will be a survey of the Criminal Finances Act 2017 and the new corporate offences of failing to prevent the facilitation of tax evasion. The issues examined will include:
- The political and consultative background to the Act
- The purpose of the Act - transferring an investigative and self-regulating role to the private sector on pain of criminal sanction
- The dichotomy between the offence relating to UK taxes and that relating to foreign taxes
- Which corporates are caught by the provisions and who is an ‘associated person’?
- What types of conduct are capable of constituting ‘the facilitation of tax evasion’?
- The ‘nexus’ and ‘dual criminality’ requirements in relation to the overseas tax offence
- The statutory defence of ‘reasonable prevention procedures’ and UK Government guidance
- The division of responsibility between the UK investigation and prosecution agencies
The lecture will conclude with a review of other developments in fraud law, procedure and evidence which will add to the pressure on those who find themselves subject to investigation or prosecution by HMRC, including:
- The redefinition of dishonesty in Ivey v Genting Casinos (UK) Ltd and DPP v Patterson
- The closed procedure sanctioned in Haralambous and other recent caselaw regarding search warrants
- The encroachments on LPP in the Investigatory Powers Act 2016 and the further delineation of the doctrine in the RBS Rights Issue Litigation, Bilta (UK) Ltd, ENRC v SFO and Jukes
- The narrowing of judicial oversight in relation to Overseas Restraint Orders, Extradition & MLA
- Problems with securing effective prosecution disclosure following, eg, Whale & West and R v R
- The increasingly Draconian reach of confiscation in the wake of cases such as R v Guraj, R v Pritchard, Adams v CPS, R v Ghulam and R v Hayes
David Walbank QC
Red Lion Chambers
Having historically acted for each of the main UK fraud prosecution agencies (including as Standing Counsel to the Revenue and Customs Prosecutions Office and the Department for Business, Innovation and Skills), David Walbank QC now specialises in defending criminal charges of fraud, corruption and money-laundering.
According to the Legal 500, “David Walbank is outstanding in fraud matters” and “a brave and fierce advocate”. Chambers UK 2019 describes him as “A very tenacious and bold advocate who is extremely hard-working and a brilliant cross-examiner. He fights his client’s corner with absolute vigour”. He is also highly regarded as a technical lawyer, having twice in recent years delivered the keynote lecture on developments in criminal law, procedure and evidence to the Annual Government Legal Service Prosecutors’ Conference.
In 2017, he led for a principal defendant in the 9-month trial of Operation Amazon, one of the largest tax investigations ever conducted by HMRC. In 2018, he represented the first defendant on the indictment in F.H.Bertling Ltd, a Serious Fraud Office prosecution relating to the logistics contract for a multi-billion pound North Sea drilling project; his client was acquitted of conspiring to make corrupt payments for the award of the contract. He has also conducted heavy weight litigation in the civil sphere and in overseas jurisdictions.
David will be the moderator for The Red Lion Lectures 2019 and will co-present the opening lecture on investigations by HM Revenue and Customs: “Safe Havens in The Perfect Storm?”
Consultant, Withers Worldwide
Tessa Lorimer is a barrister who specialises in both civil and criminal tax fraud investigations and litigation conducted by the Special Investigation and Criminal Investigation departments of HM Revenue and Customs.
Prior to entering private practice, she had extensive experience in advising the Board of the former Inland Revenue and the Revenue and Customs Prosecutions Office as well as HM Revenue and Customs and the Serious Organised Crime Agency (now the National Crime Agency) in relation to their most complex tax investigations and prosecutions. In private practice, Tessa represents companies and individuals in civil and criminal, direct and indirect tax fraud investigations and litigation, as well as defending white collar crime and regulatory offences. Her clients include a large number of sophisticated investors, traders and hedge fund managers.
Most of Tessa’s work has been international in nature and she has considerable experience of Mutual Legal Assistance, extradition, search warrants, judicial review, injunctions, SOCPA production orders and Legal Professional Privilege. She drafted the written response to the House of Commons Quadripartite Committee on strategic export controls and also liaised with overseas jurisdictions, including the USA and EU, to ensure a co-ordinated approach to arms exports.
She is recognised as having particular expertise regarding the practical effect of The Common Reporting Standard.
Registration will be from 6pm. This one hour lecture starts at 6:30pm and will be followed by a drinks reception until 9:30pm.
The Red Lion Lectures 2019
In association with The Dickson Poon School of Law, King’s College London