Specialist Crime

• Commercial Fraud
• Financial Services Regulatory and Civil aspects
• Health & Safety and Environmental Regulatory and Civil aspects
• Cartel Offences
• Medical Crime
• Transport Regulatory Crime
• International White Collar Crime

For further information,contact:

Stephen Somerville, Senior Clerk, 020 7353 6381

stephen.somerville@outertemple.com

Track record and prominent cases

VAT Significant cases

• HMRC v Mobilix, Blue Sphere Global and Calltel [2010] EWCA (Civ 517)– circumstances in which a taxpayer can be deprived of the right to  deduct input tax
• Halifax plc and others v HMRC[2006] STC 919
• Bond House Systems Limited and others v HMRC[2006] STC 419

Commercial Fraud

• SFO’s ‘Oil-for-Food Programme’ sanctions prosecution
• SFO’s investigation into the Union of Democratic Mineworkers compensation payments
• GG plc - the SFO’s high profile prosecution in respect of alleged price fixing in the generics drugs industry GG Plc ([2007] EWCA Crim 2659; [2009] 1 WLR 458 (HL)
• Wickes
• Blue Arrow
• Polly Peck
• Barlow Clowes
• Maxwell
• Levitt
• Guinness
• R v J
• The State Prosecutor v Dr Ismail
• (Advising former Minister of Development in Brunei in relation to his sentence for prolonged period of alleged corruption.)  
• R v Hylton-Potts, Whybrow and Esson
• (prosecution of substantial mortgage fraud involving a well known solicitor and property developer)
• R v Lady Aberdour
• (Theft of £2.7 million from her employers)
• R v Lynch, Man & Man
• (prosecution of passport officer for fraudulently processing in excess of 100 false passport applications)
• R v Samrai & Walker
• (fraud involving a barrister and solicitor relating to provision of manufactured documents to enable Hong Kong residents to obtain ILR in the UK)
• R v Grey
• (alias Joe Flynn, international fraudster causing serious damage to major British companies by providing false information to both sides in major takeover deals)
• R v Gorst
• (prosecution of substantial tax evasion in relation to businesses and property in the UK, France and Switzerland)
• R v Garnett & Garnett
• (prosecution of defendants relating to theft of cheque from the Bank of England)
• R v M and another
• Defending a solicitor in a multi million pound mortgage fraud with international aspects
• R v Jackman
• (prosecution of President of Northamptonshire Law Society for theft of more than £1 million from his client accounts and obtaining fraudulent loans from banks in a similar sum)
• R v Hyder and others
• Prosecuting 11 million Euro money laundering operation involving several different trials and asset confiscation
•  R v Peter Young & Others (Morgan Grenfell fraud with losses in excess of £300m).

Financial Services 

• R v R v McFall, Rimmington & King
• FSA insider dealing prosecution: awaiting trial at Southwark Crown Court in 2010.
• R v McQuoid & Melbourne
• FSA insider dealing prosecution: March 2009
• R v. McQuoid
• Appeal against sentence: guidelines given by the Court of Appeal: [2009] 4 All E.R. 388
•  Mustapha and others – the FSA’s first prosecution of an ‘insider dealing ring’.
• Case name: FSA v Semperian Investment Partners Limited Partnership & others (2010)
• Case summary: Enforcement action brought by the FSA against a LLP for breaches of the change in control regime under FSMA (acting for the FSA)
• Pamplona PE Holdco 9 SARL- in 2010
  Instructed by the enforcement division of the FSA in this change in control case which relied on the reputation  of the company directors as one of its objections.

Health & Safety

• R v Cotswold Geotech Limted and Peter Eaton
   The first case for the new offence of corporate killing under the Corporate Manslaughter Act 2007
• HSE v Chargot Limited, Ruttle Plant Hire Limited and George Ruttle
   Representing the Appellants in the House of Lords in the lead case regarding directors’ duties and the scope of the general duties under the HSWA
• Buncefield  (R v Total (UK) Ltd, British Pipeline Agency Ltd & others)
   Defending one of the oil companies in the joint prosecution by the Environment Agency and the Health and Safety Executive arising from the explosion at the Buncefield oil storage terminal
• R v EGS Ltd (Court of Appeal) which has further clarified Lord Hope's judgment in Chargot, as to the extent to which a prosecution have to identify specific breaches as part of their prima facie case.
• Case name: R v Connolly and Kennett [2007] 2 Cr. App. R (S) 82, CA Case summary: Gross negligence manslaughter arising from the Tebay rail accident (acting for the owner of the company, instructed by Berrymans Lace
• R v Jones (Hednesford rail crash)
• Potters Bar Rail Crash
• Hatfield Rail crash
• Ladbroke Grove Rail Crash
• Tebay rail crash 
• Southall Rail Crash
• The Avonmouth Bridge gantry collapseR v Costains & Kvaerner (multiple fatality gantry collapse on M5 Avonmouth Bridge),
• R v OLL Ltd (Lyme Bay canoeing tragedy)
• R v Ayres (Loss of the Pescado)
• Re A Strategic Health Authority Advising a Strategic Health Authority in relation to an HSE investigation of an outbreak of Clostridium Difficile and the death of 96 patients. Advising on co-operation, disclosure, confidentiality, internal enquiry documents and strategy for the future management of the case. 
• R  v Misra & Srivastava  and the linked case of R v Southampton NHS Trust
  The lead court of appeal authority on gross negligence manslaughter arising from a gross negligence manslaughter prosecution of two doctors (2 members) and the resultant prosecution of and successful appeal by the hospital for which they worked 
• HSE v. RWE Npower PLC 2010 Defending, with Richard Lissack QC, a prosecution under section 3 of the HSWA 1974 brought by the Health and Safety Executive concerning a failed isolation in a compressed air system that led to a contractor being injured. The case involved a 3 day application for a stay relating to abuse of process which, although unsuccessful, resulted in a fine of £7,000 and a modest costs order in favour of the HSE.
• HSE v Tulip Group Limited 2009 and 2010 Representing the Defendant in the Court of Appeal (Criminal Division) in respect of a number of admitted breaches in relation to separate incidents at the Defendant’s premises with no issues concerning ability to pay. The Court of Appeal reduced all the fines by approximately 1/3rd.
• HSE -v- Anthony Ward Health and safety case collapses Judge accedes to defence submissions by Ben Compton leading Oliver Assersohn that the delay by the CPS and HSE in prosecuting Anthony Ward for health and safety offences, following a gas explosion in a village at which he was warden, amounted to a breach of their client's Article convention right and stayed the case as amounting to an abuse of the courts process" 
• R v Todd(Death on Mount Everest)
• R v T Clarke plc and others was a recent prosecution of a large PLC for alleged major chalk aquifer pollution by causing an escape of jet aviation fuel at USAF Mildenhall [RLQC instructed by Hamlins for the Defence];

Medical crime

• R v Ghadiali, and GMC v Dr Ghadiali Acted for consultant psychiatrist accused of multiple sexual assaults on female patients.  Doctor acquitted on all counts in criminal courts, over two trials, at Nottingham and Leicester Crown Court.  Subsequent GMC proceedings in 2009 over 4 weeks.
• R –v- Mr J Roberts– at Cardiff Crown Court in 2005Wrong Kidney case of a surgeon who removed the wrong kidney- Instructed by the MDU
• Re Gosport War Memorial Hospital, and GMC v Dr Barton Acted for Gosport GP who worked as clinical assistant at the Gosport War Memorial Hospital in 1990’s.  More than 90 deaths investigated by Police.  Appeared at inquest into 12 deaths at Portsmouth Coroners Court during March and April 2009.  Appeared at GMC during 12 week Fitness to Practise Panel hearing.  Conditions imposed by panel.
•  Dr Harold Shipman– High profile Public Inquiry regarding one of the most prolific serial killers in recorded history with 218 murders being positively ascribed to him, although the number is likely much higher.
• R v Dr G Successfully defended GP on allegations of fraud/dishonesty. After 12 week trial at Kingston Crown Court jury acquitted on (all) 37 counts on the indictment.
• Re Maypole Nursing Home 2010 Representing the two former owners of the Maypole Nursing Home in relation to an Inquest taking place 6 years after the events. Instructed by Berrymans Lace, Mawer for the two former Doctors, the allegations were of unlawful killing, unjustified sedative medication, unlawful restraint of patients and poor management of the home. The jury returned a short form verdict of natural causes.
• HSE -v- Cardiff & Vale NHS Trust Inquest Re: Fatality of elderely patient delivered to the wrong address

Other Significant Crime cases of merit

• Huntingdon Life Sciences PLC: the trial [MBQC and SC] and the subsequent appeal of animal rights activists [MBQC];
• R v Errol Arthurton LTL 28/5/2004 : (2005) 1 WLR 949 : (2004) 2 Cr App R 33 Prejudicial disclosure of evidence resulting in serious miscarriage of justice overturned at appeal.
• R v Kay Gilderdale Defending Kay Gilderdale who assisted her severely ill daughter commit suicide and who was then charged with attempted murder.  Raised important questions with regard to the charging of persons in these types of cases.  High profile case with international publicity
• R v Hopkins & Allen (The Fernie Hunt) – leading hunting case in 2010/11
• Re CPS -V Christopher Leadbetter – leading hunting case in 2009
• RSPCA -v- Paul Johnson– leading hunting criminal case in the Administrative Court in 2009
• Re Exmoor Foxhounds - Hunting Act 2004 Prosecution– leading hunting criminal case in the Administrative Court in 2009
• Re Crawley & Horsham Hunt Limited – test hunting criminal case
• Re Minehead Harries – Test hunting criminal case
• Re Hunting Act 2005– Law changing Test Hunting case in the Divisional Court
• Re Scottish Ban on Hunting– Law changing Hunting at the House of Lords (Now Supreme Court)
• Re Burns Inquiry– Public Inquiry into Hunting with Hounds

• CEO's,Directors, Senior Management, employees
• FSA,OFT,SFO,CPS
• MPS,MDU,Dental Protection, MDDUS backed Healthcare Professionals
• Transport Companies and Businesses, Haulage Companies

What the directories say

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

Memberships

• FSLA
• CBA
• POCL
• HSLA
• UKELA
• ARDL