The biggest risk to businesses and organisations facing criminal or regulatory investigations is not always the heavy fine they may face, or the reputational crisis that can ensue. Often, it is the immense drain on management time and attention that comes both from overseeing the investigation and remediation process, and from the uncertainty inherent in such situations. This uncertainty arises not just because the outcome is always unknown. It is also because such investigations rarely stay in just one legal arena. Regulatory becomes criminal. Both areas spin off commercial disputes. Meanwhile, other stakeholders – particularly employees or directors – may face their own problems, which can blow back onto the enterprise itself.

At times like this, Outer Temple Chambers’ Business Crime and Regulation team is the right partner. The team has a long-established reputation in business crime & regulatory matters. Its barristers are routinely involved in the most high-profile and complex cases, often involving cross-border and international issues. Many of the team are on the UK Attorney General’s panels, and a number are qualified to act in overseas jurisdictions including the US, the EU, the UAE and the Caribbean.

Members are renowned for their ability to advise on and appear in matters that cross over between criminal, civil, regulatory and administrative law. This “crossover” capability is now critical in global business and commerce, where strategic legal advice and risk management is essential in managing any potential exposure to liabilities or sanctions and reputational damage, and in helping the organisation’s leadership stay focused on its mission.

At the same time, the specialist knowledge and experience which exists both within the team and within our Chambers as a whole – covering such areas as banking and financial services, data protection and privacy, cybercrime and cryptoassets, pensions and employment – means our clients benefit from an unrivalled range of expert advice and assistance in both domestic and international litigation, across all the areas of legal risk to which business crime and regulatory matters give rise.

We offer a complete service, with members having the ability to advise on and appear at all stages of a business crime & regulatory issue:

  • Regulatory investigations
  • Internal investigations and self-reporting
  • Pre-charge advice on; litigation tactics, warrants, restraint orders
  • Injunctions and ancillary orders
  • Sanctions and export-control advice, and challenges to designations
  • Advice on parallel civil and/or regulatory action
  • Representation throughout the Sanctions Regimes of Multilateral Development Banks
  • Settlement negotiations with licensing authorities and government agencies
  • Trial advocacy, be it in a civil, criminal or regulatory forum
  • Confiscation
  • Enforcement
  • Appellate proceedings

With a strong international footprint, the Business Crime & Regulatory team regularly advises foreign governments and international organisations. Members appear in the Supreme Court, Privy Council, Court of Appeal, High Court, Crown Court, FCA’s Regulatory Decisions Committee, Competition Appeal Tribunal and First-Tier and Upper Tribunal (Tax & Chancery), as well as before overseas courts and tribunals such as the World Bank Sanctions Board.

 

Business Crime & Regulatory Experience

We advise and act for corporate and individual clients in investigations and proceedings in the UK and other jurisdictions, including for non-UK governments, foreign enforcement authorities and the UK’s leading enforcement authorities:

  • Bank of England
  • City of London Police
  • Competition and Markets Authority
  • Crown Prosecution Service
  • Department for Business, Energy and Industrial Strategy
  • Financial Conduct Authority
  • HM Revenue & Customs
  • Lloyd’s of London
  • National Crime Agency
  • Office of Fair Trading
  • Serious Fraud Office
  • The Pensions Regulator

Members of our Business Crime & Regulatory team are routinely instructed by banks, financial institutions, FTSE 100/250 & AIM listed companies and private individuals.

Examples of cases undertaken by members of the Business Crime & Regulatory team include:

Member of Business Crime & regulatory team are ranked in both Chambers & Partners and Legal 500.
The team includes a trustee of Transparency International UK and a host of editors and contributors to practitioners texts including:

Members of the team are regularly invited to speak at ABC, AML and asset recovery conferences. Amongst others, these have included the AMLP Annual Anti-Bribery and Corruption Forum; the FLA; POCLA and the YFLA. The team also contributes to regular training and discussions on this subject and has authored headnotes for Oxford University Press on the Sanctions Procedures of the African Development Bank Group, the World Bank Sanctions Procedures and the Enforcement Policy and Procedures of the European Bank for Reconstruction and Development.

“Members are experienced across a range of areas, including regulatory enforcement proceedings, both for and against regulators such as the Financial Conduct Authority (FCA). Silks such as Michael Bowes QC also offer strong support on the overlap between criminal, regulatory and civil issues. James Counsell QC is also highly experienced and was involved in The Council of Lloyd’s v Equity Syndicate Management Company Limited and Others.” Legal 500, Outer Temple Chambers.

“A heavy-hitting silk whose prowess in handling some of the most significant financial regulatory cases of recent times, including Libor, forex and other instances of pan-European financial litigation, is highly praised. His criminal law background stands him in particularly good stead when he is representing individuals and managers. He is noted for his knowledge of EU sanctions and their impact on financial services.” Chambers & Partners, Michael Bowes QC

“A barrister who offers pragmatic advice and understands the commercial and practical implications of serious financial crime cases. Further experienced in financial services and regulatory matters, he acts for corporations and individuals, and has broad experience of representing parties affected by allegations of rate manipulation, corruption and insider dealing. He also wins recognition as a highly capable prosecutor.” Chambers & Partners, Michael Bowes QC

“A phenomenal advocate, both in his written and oral presentation… A master tactician with a wonderful court presence, he manages the team expertly – simply the real deal.” Legal 500, Nick Johnson QC

“He has a very analytical eye, and communicates well with clients. Very hard-working and diligent.” Legal 500, Oliver Powell

“Very diligent, enthusiastic and personable. Instils you with confidence that they know the law and relevant material well and have sensible comments on how it can be applied in practice.” Legal 500, Oliver Powell

“She is an excellent junior. Reliable, hardworking and focused. She is a very good lawyer and extremely competent to handle any task in case preparation. She has an engaging, charming personality and ability to get on with everyone. Neither her advocacy nor her written work can be faulted. She is an impressive operator in all aspects of criminal law.” Legal 500, Sophie O’Sullivan

Business Crime & Regulatory Barristers

Robert Rhodes QC

Call: 1968 Silk: 1989

Michael Bowes QC

Call: 1980 Silk: 2001

Ben Compton QC

Call: 1979 Silk: 2011

Richard Hitchcock QC

Call: 1990 Silk: 2014

John McKendrick QC

Call: 1999 Silk: 2016

Nick Johnson QC

Call: 1994 Silk: 2016

Fiona Horlick QC

Call: 1992 Silk: 2019

Paul Rogers

Call: 1989

James Leonard

Call: 1989

Matthew McDonagh

Call: 1994

Oliver Powell

Call: 2006

Alex Haines

Call: 2007 (England & Wales); 2019 (New York); and 2020 (Ireland)

Justina Stewart

Call: 2010

Sophie O’Sullivan

Call: 2011

Stephen Doherty

Call: 2013

Jeremy Scott-Joynt

Call: 2018

Joshua Hitchens

Joshua Hitchens

Call: 2018

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