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
"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.
"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
"NOBODY EXPECTS THE SPANISH INQUISITION!"
Challenging Search Warrants
by Tom Forster QC of Red Lion Chambers and Matthew Hardcastle, Associate at Kingsley Napley
"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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"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