Brendan Finucane QC

Call date: 1976

Date of silk: 2003

Clerk: Stephen Somerville

Areas of Law:	Specialist Crime, Environment, Commercial Fraud, Public Law, Disciplinary & Regulation, Health & Safety, Business & Banking

Practice summary

Brendan has more than 25 years of advocacy experience in the fields in which he practises. With a background in common law he has extensive experience in very high level criminal work in addition to those areas in which he now predominantly practises, both in the UK and at international level . This work has frequently taken him to the Court of Appeal with important reported cases. He is highly rated by the legal directories and lectures regularly to solicitors and in house lawyers.

Extensive experience in Professional and Disciplinary regulatory work .He has appeared in high profile, sensitive and complex cases before the General Medical Council, General Dental Council, at inquests, and crown court level, representing healthcare professionals. He has also advised the Medical Protection Society in relation to the redrafting of the GMC Rules, the British Osteopathic Association in relation to their Legislative Review of the Osteopaths Act 1993, and a major retailer as to the application of the provisions of the Opticians Act 1989 in relation to a proposal to sell spectacles online.

He has extensive experience of fraud in all forms, from mortgage fraud to international racketeering, corruption, international tax evasion and very substantial MTIC frauds together with corporate and commercial fraud. He has advised the actuaries to a major Pension Fund, and acts in accountancy cases brought by professional bodies such as the CIMA (Chartered Institute of Management Accountants) at disciplinary tribunals.

Financial Services regulatory crime- has recently acted for one of the most high profile alleged insider traders arrested by the FSA, and has been consulted to advise in relation to alleged government corruption in the Far East. He chaired the 2010 Lexis Nexis Conference on Financial Services, spoke at the Lexis Nexis Conference on Practising in Regulatory and Disciplinary Tribunals in July 2011 and the Lexis Nexis Conference on Financial Services Investigations and Enforcement in October 2011 . He acts in VAT tribunal cases regarding multi million pound Revenue and Customs investigations involving MTIC fraud.

Health and safety civil aspects and regulatory crime. Prior to taking silk, he acted in health & safety cases, both civil aspects and regulatory crime, inquests and Crown court trials, defending both individuals and companies. A member of HSLA and UKELA, he has a keen interest in environmental regulatory and general commercial issues in the energy sector.

A selection of recent cases

GMC v Dr Wnuk
Fitness to Practice GMC case representing Dr Wnuk facing charges of dishonesty relating to completion of his Occupational Health Form and dishonesty in relating to prescribing and self prescribing. All allegations of dishonesty were found not proved, and the FTP found no misconduct, no impairment and declined to issue a warning

GMC v Dr Oshinyemi
Representing Dr Oshinyemi in a 12 day Fitness to Practice Hearing at the GMC in October 2010, facing charges relating to a deficient examination and statements alleged to have potentially compromised a murder investigation, and to showing confidential photographs of a sexually abused child to persons unconnected with the criminal investigation, and of dishonesty. The Panel found that fitness to practise was impaired and although the GMC sought erasure the Panel imposed conditions, and the doctor has since returned to work- instructed by Mr Ralph Shipway of Radcliffes Le Brasseur

GMC v Dr S Kumar
Successfully defended Dr Sanjoy Kumar before the GMC who was charged with offences of dishonesty and abuse of a position of trust, in relation to twice having deliberately plagiarised the case study of another doctor, which he had used without her knowledge, for his course to obtain a further qualification in teaching. Although the facts were found proved, and the Panel concluded that there was impairment, the sanction was one of suspension for a period of six months.

GMC v Dr Cronin
(Representing a paediatric consultant in respect of strong e-mails voicing his concerns as to the proper provision of treatment for children in his trust)

Bristol Histopathology Inquiry
(representing leading consultant histopathologist in relation to his evidence before the Inquiry)

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 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)

Brendan Finucane QC garners praise for his formidable grasp of the law and the excellent relationships he maintains with clients and instructing solicitors. Professional Discipline, Chambers and Partners 2012

"He's very impressive and extremely well versed in what he does. He's like a secret weapon." Fraud: Criminal, Chambers and Partners 2011

"extremely personable," and is regarded as both formidable in court and excellent with the professionals he defends. Professional Discipline, Chambers and Partners 2011

Brendan Finucane QC is ‘fantastic on medical cases’. Professional discipline and regulatory, Legal 500, 2011

Appointments & memberships:

Appointments

2007-2008 Chairman Thames Valley Bar Mess
2006 Bencher of Middle Temple
2003 Queen's Counsel
2000 Recorder of the Crown Court

Professional Memberships

ARDL
FSLA
CBA
Lawyers for Liberty
Member of Justice
Bar Pro Bono Group
Foreign and Commonwealth Office Pro Bono Lawyers Panel
Executive Committee of Bar Human Rights Committee (Treasurer) (1998-2009)
Finance Committee and Scholarship Fund Appeal Committee of Middle Temple