Overview
There are several areas of law in which Outer Temple specializes where in certain circumstances our clients, many of them corporate and commercial, find themselves subject to the criminal courts. We have a long established reputation in advocacy in all courts. We have a strong team of specialist advocates including QC’s and juniors at all levels who are able to effectively represent clients in civil or criminal proceedings.
Our Specialist Crime areas are;
Commercial Fraud
Outer Temple Chambers has a long established reputation in commercial fraud.
Members of chambers have experience in all aspects of civil fraud, including breach of fiduciary duty, breach of trust, direct & indirect tax fraud, asset recovery, freezing orders and other injunctive remedies. Members of chambers act for both the taxpayer and the Revenue in the Tax Chamber of the first-tier tribunal and have appeared in some of the leading cases on MTIC fraud including Bond House Systems Limited and others v HMRC [2006] STC 419 before the European Court of Justice. Uniquely, we also have an acknowledged expertise in criminal fraud with members having appeared in some of the biggest and most high profile criminal fraud cases in the UK.
We act for corporations and individuals as well as financial institutions caught up in fraudulent transactions. We also act for the government and regulatory agencies (including the SFO, FSA and OFT).
We work extensively in foreign jurisdictions and have considerable experience of the cross-jurisdictional issues which arise in fraud cases, including tracing and freezing assets, compliance with anti-bribery legislation and the obligations under Part 7 POCA. With offices in New York and Abu Dhabi, we also have invaluable experience of matters involving regulators and prosecutors in the US and the Middle East.
Chambers’ strength in commercial fraud complements its work in financial services regulation. Members of chambers have acted in nearly all of the cases brought before the criminal courts for market abuse and insider dealing and frequently act for both the FSA and regulated firms and individuals before the RDC.
Bribery and Corruption
No new piece of legislation has caused as much debate, argument and confusion as the new Bribery Act 2010. The Act’s broad extra territorial scope will presage the possibility of senior non UK executives of international companies facing jury trial in this country for acts done by their employees in some far flung country. The new Act introduces changes including a controversial corporate offence and challenges surrounding when is a bribe a bribe, all with extra-territorial application. Businesses and their advisors are in a new dawn of uncertainty, with vast pressure on corporations to comply with the new law and to face serious penalties if they fail.
‘Lissack and Horlick on Bribery’ is a brand new book shortly to be published by LexisNexis. Written by Outer Temple’s specialist practitioners in international white collar crime and including Magic Circle and FCPA practitioner contributions, the work offers a comprehensive overview of the new legislation set in both a national and international context with a full explanation of the scope of the Act together with guidance on anti-corruption measures and sentencing.
The book includes
Health & Safety and Environmental Crime
The need for representation of corporate clients and their Senior Officers and Directors following untimely deaths in the workplace has seen a marked upturn as a result of the new Corporate Manslaughter legislation. Outer Temple Chambers acts for companies and individuals in corporate manslaughter and health and safety matters where companies face criminal charges.
The starting point for the team is frequently before a Coroner at the Inquest into the death. The Inquest hearing can play a crucial part in determining whether a company or an individual is going to be prosecuted and if so for what.
Our cases range from the most straightforward to the most complex and high profile. These have included those involving heavy industry and construction as well as retail and commercial premises, housing associations and NHS Trusts. The oil, gas and power industries are specialities and members of Chambers are used to acting for large corporates such as RWE Npower PLC and British Pipeline Agency in the recent Buncefield oil refinery case. Members of Chambers were instructed in the leading appellate Health and Safety cases recently reported, namely R v. Chargot Ltd [2008] UKHL 73 in the House of Lords (now Supreme Court) and R v Electric Gates Services Ltd [2009] EWCA Crim 1942. Chambers is acting for the defendant in the Cotswold Geotech Ltd prosecution, the first under the Corporate Manslaughter Act 2007.
Environmental Regulatory Crime
We provide representation in both the Magistrates Court and Crown Court. In particular, the environmental element in “HSE –v- Buncefield”, the largest peace time explosion in the UK. Chambers are instructed in a Crown Court trial regarding hazardous smells emitted by a factory close to the 2012 Olympic facilities and have advised and represented major power suppliers including RWE Npower PLC in relation to environmental accidents and issues. In addition members are often asked to provide specialist advice on preventative measures to avoid breaching both regulations and legislation. This includes legionella protection, waste management, land, air, noise, river pollution and fly tipping. We represent one of those charged as a result of the fire at the Penhallow Hotel in Cornwall and advised a Strategic Health Authority in relation to the largest hospital outbreak of Clostridium Difficile ever encountered. To demonstrate the team’s ability to provide assistance with the most up to date issues we have recently been asked to grapple with issue of carbon emissions on behalf of a substantial corporate client.
Financial Services Crime
This forms a substantial part of our practice. Members of chambers have acted in nearly all of the cases brought before the criminal courts for market abuse and insider dealing and frequently act for both the FSA and regulated firms and individuals in criminal proceedings.
Cartel Crime
OFT criminal investigations of companies and businesses both in the UK and Internationally, regarding cartels and price fixing, and other investigations within the remit of the Office of Fair Trading. We are able to advise clients on matters of compliance, and advise on the merits and to provide representation in civil and criminal courts. Chambers is instructed by the OFT in a criminal investigation into a suspected international cartel involving companies in many countries.
Medical Crime
We have almost unrivalled experience in criminal cases involving healthcare professionals. Individual members of Outer Temple Chambers have acted in such cases for more than 20 years. Cases in which barristers from these chambers have been instructed include allegations of murder, gross negligence manslaughter, rape and other sexual assaults, perjury, perverting the course of justice, and other cases of dishonesty including theft and false accounting.
Members of chambers are regularly instructed to advise at an early stage in criminal investigations in which the acts or omissions of healthcare professionals fall under scrutiny. In cases that result in a criminal prosecution a number of members of chambers have very considerable experience defending in jury trials. In these types of case it is often vital for the defence that the lawyers instructed have a sound understanding of medical or dental practice, and a familiarity with patient records. A number of members of chambers have been instructed on behalf of the prosecution in medical manslaughter and in other, serious cases.
There will be many cases in which an investigation does not lead to a criminal prosecution but to other proceedings, such as a Public Inquiry, Coroner’s Inquest or a Fitness to Practise Panel hearing before the General Medical Council, General Dental Council, Nursing and Midwifery Council or some other professional regulatory body, Primary Care Trust or a healthcare employer. We can provide continuity for healthcare practitioners who may face more than one set of proceedings. For larger cases Outer Temple Chambers can provide teams of barristers whose skills complement each other as may be required.
Members of these chambers have been involved in the criminal proceedings, Public inquiry, Inquest or Fitness to Practise hearings of each of the following: Shipman, Dr Ayling, Rodney Ledward, Richard Neale, Roberts and Goel (the ‘wrong kidney’ case), Mr Dixon (illegal abortion), Kingsway Hospital, Derby, Dr Barton (Gosport War Memorial Hospital), Dr Misra and Dr Srivastava, Southampton University Hospitals NHS Trust, Dr Freddie Patel (Forensic Pathologist), in addition to scores of other cases.
Transport Crime
We are probably unique in having a dedicated team of specialists in criminal and regulatory transport law. We have acted in most of the leading regulatory/ criminal road transport cases in recent years - including many that have significantly altered the regulatory regime. We enjoy an international reputation in this field, and frequently act for or are consulted by major European international transport companies.
The range of transport related criminal work we regularly undertake include:
International Crime
We work extensively in foreign jurisdictions and have considerable experience of the cross-jurisdictional issues which arise in fraud cases, including tracing and freezing assets, compliance with anti-bribery legislation and the obligations under Part 7 POCA. With offices in New York and Abu Dhabi, we also have invaluable experience of matters involving regulators and prosecutors in the US and the Middle East.
Crime not otherwise stated above
Serious crime i.e murder, and terrorism – members of Chambers were Instructed in the high profile Huntingdon Life Science prosecution involving animal rights activists. Chambers are also instructed in a high profile multiple murder prosecution by Hampshire CPS Special Casework Directorate with international aspects in Europe.
Members of Chambers are instructed by the RSPCA in respect of cruelty to animals at Magistrates’ and Crown Court level.
We are instructed in “case stated” hunting matters of importance that effect hunting and criminal law in the UK, often working with Countryside Alliance on a wide range of cases, at the Magistrates Courts, Crown Courts, the Court of Appeal, and the Supreme Court.
Trading standards criminal cases acting on behalf of both local councils, and defending businesses facing charges in the Crown Court- particularly involving the farming and abattoir industry, in defending cases brought by DEFRA and the Food Standards Agency.
Stephen Somerville, Senior Clerk, 020 7353 6381
stephen.somerville@outertemple.com
Track record and prominent cases
VAT Significant cases
Commercial Fraud
Financial Services
Health & Safety
Medical crime
Other Significant Crime cases of merit
Michael Bowes QC is arguably “the pre-eminent silk for market abuse”; whilst Richard Lissack’ QC’s ‘quality of advocacy is high”; he is recognised for high level-regulatory work for firms both hoe and abroad. Nicholas Medcroft is singled out positively.” Banking and finance – Legal 500, 2009
“Michael Bowes QC of Outer Temple Chambers is much praised for his representation of the FSA in the high-profile case of R v McQuoid and Melbourne. He successfully obtained a conviction in this matter, the first such criminal prosecution secured by the FSA. A “first-rate brain and a fine advocate,” Richard Lissack QC at the same set has a fast-growing reputation for financial services work. Sources agree that his criminal background puts him in good stead to respond to the increased use by the FSA of its criminal powers. He has recently advised on matters which relate to market abuse and insider dealing, as well as fraud cases” Banking and Financial Services - Chambers & Partners, 2010
“Michael Bowes QC of Outer Temple Chambers focuses on acting for the SFO and the FSA. In court he is "meticulously prepared, calm and effective," while outside of court he is an excellent team player. Stablemate Richard Lissack QC is highly experienced in appellate work. He has been preoccupied with Norris v United States of America of late, a landmark House of Lords case on conspiracy and cartels” Fraud crime – Chambers & Partners, 2010
“Outer Temple Chambers houses the considerable talent of Michael Bowes QC. Richard Lissack QC ‘is an excellent jury advocate and equally effective in the appellate courts’. Philip Mott QC ‘is another example of excellence’ and Nicholas Medcroft’s ‘advice is always on point’’ Fraud crime - Legal 500, 2010
The deep bench of specialists and broad range of experience on offer at Outer Temple Chambers ensure that it remains a first choice among instructing With a history of “illustrious achievements on both sides of the fence,” the set is one of a handful that boasts experience acting for both the defence and the prosecution in market-leading cases.
One man who has contributed greatly to the group’s roll call of success in the field is Richard Lissack QC. He is singled out as a star performer by clients and peers: “He’s in a league of his own, and is undoubtedly one of the most capable advocates at the Bar today.” Active in some of the most significant cases in the market, he recently represented the defence in Ruttle v HSE, a potentially ground-breaking test case that was heard in the House of Lords. Over the past year Philip Mott QC has, like Lissack, remained busy principally acting for the prosecution but also defending several clients against corporate manslaughter and a variety of HSE charges. He wins the respect of the market for remaining “unflappable and always in control.” Another “robust performer” who is “guaranteed to deliver great results” is Christopher Wilson-Smith QC. He recently acted in R v Imco Plastics, a corporate manslaughter case relating to legionella.
Recommended juniors at the set include Ben Compton, an individual with “exceptional judgement who has the ability to read the mood of the court better than most barristers.” He has attracted a number of positive reviews after a successful year, during which he appeared in both the Court of Appeal and the House of Lords, and acted in a number of gross negligence cases. Alongside him lie practitioners of the calibre of Stephen Climie. Climie is prized for his expertise in fatal accident prosecutions, and strikes peers as “a very good, technical barrister with a calm and assured demeanour.” Thomas Leeper is renowned for his defence and prosecution work in fatality cases occurring in maritime, construction, rail and care home settings. He receives consistent applause from the market, as does Nicholas Medcroft, whose “prodigious work ethic” is identified as one of his key strengths. He acted for one of the defendants in the Buncefield litigation. Chambers and Partners 2010
Outer Temple Chambers has strength in extradition, financial crime and regulatory matters, with Christopher Wilson-Smith QC singled out. Legal 500 2011
Tags: Specialist Crime
James Counsell