Nicholas Medcroft
Called to bar 1998
Clerk Stephen somerville Tel: 020 7353 6381
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Nicholas Medcroft specialises in regulatory law, with an emphasis on banking and finance, financial crime and health and safety law. He is recommended in the Legal 500 as a leading junior in banking and finance, in fraud and in health and safety.
Since 2002 he has been on the Attorney General's Panel of Prosecuting Advocates acting for the government in major frauds, tax evasion and serious regulatory matters.
He has a growing reputation in financial services law and regulation and is regularly instructed by financial institutions and the FSA in this connection. He has particular experience of the obligations on financial institutions under Part VII POCA 2002 and the Money Laundering Regulations and was junior counsel for the bank in Shah v HSBC Private Bank Ltd ([2009] EWHC 79 (QB) Hamblen J) (the extent to which the anti-money laundering provisions under Part 7 POCA exclude a banker's liability for damages arising from a breach of contractual duty (i) to honour its mandate (ii) to take reasonable care and (iii) to provide information to its customers).
His experience of financial crime is wide-ranging. It includes anti-competitive conduct, MTIC ‘carousel' fraud, direct and indirect tax fraud, fraudulent trading, false accounting, money laundering, contrived liquidations, corruption, extradition, civil recovery, restraint and confiscation. He was junior counsel for the Serious Fraud Office in the Court of Appeal and the House of Lords in GG Plc ([2007] EWCA Crim 2659; [2008] UKHL 17) (the SFO's high profile prosecution of manufacturers of generic drugs for price fixing) and is presently instructed in respect of the SFO's ongoing investigation into corruption within the construction industry. He was a member of the Attorney General's working party on plea negotiation in fraud cases.
He has an established practice in all aspects of health and safety law and has acted in some of the most complex and high profile health and safety cases, including the Potters Bar rail crash, the Tebay rail crash and litigation arising from the explosion at the Buncefield oil storage terminal. He is cited in the latest edition of the Legal 500 as the ‘junior of choice' in health and safety.
Areas of practice
Professional Negligence, Fraud & Extradition, Financial Services, commercial and business, Public Law, Discipline & Regulatory, Public Access, Health & Safety
Notable cases
- HSE/EA v HOSL, Total (UK) Limited and BPA Ltd [2009] (Buncefield)
- Shah v HSBC Private Bank Ltd ([2009] EWHC 79 (QB) Hamblen J)
- GG Plc [2007] EWCA Crim 265; [2008] UKHL 17
- R v Connolly (Tebay Rail Accident) [2007] EWCA Crim 790; (2007) 2 Cr App R (S) 82
- R v Gerald Reardon [2008] EWCA Crim 1491; [2008] Crim 1549
- Potters Bar Rail Crash
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