News & Events
News & Events
Oliver Powell and Saaman Pourghadiri have joined with William Bobby and Andrew Thornton-Dibb of McGuireWoods London LLP to examine how the use of legal professional privilege developed during 2019 and, in particular, how the law impacts on the practice of conducting international investigations. The article featured in GIR Insight (25 January 2020). Click here to read the article. Oliver is ranked in both Chambers and Partners (UK) and The Legal 500. He undertakes instructions that involve the regulation of business activity and commerce. His practice encompasses: asset forfeiture & civil recovery; business crime; commercial fraud; financial services; indirect tax and sanctions. Recent work of note includes: representing Behzad Fuels (UK) Ltd, a distributor of diesel and kerosene, in the Court…
News 28 Jan, 2020
Sanctions: Foreign Policy, Economic Warfare, or Both? By Alex Haines and Oliver Powell The law of sanctions and its cross-jurisdictional nature is complex, not least because its sources are both national and international; the measures it covers are both multilateral and unilateral; and the relevant case law has developed at a different pace and in different directions depending on the legal system at play. If the interaction between the four major actors in sanctions– the United Nations (U.N.), the European Union (E.U.), the United States and the United Kingdom (U.K.) –was not complicated and convoluted enough, three 2018 political developments have made a clear grasp of this area even more difficult, by injecting another level of uncertainty: (i) On 18…
News 11 Sep, 2019
Oliver Powell, instructed by Peter Hastings of Rogers & Norton Solicitors, appeared in Court in Southampton in relation to a UK Border Force (‘UKBF’) investigation into a large scale importation of metal vial cream chargers containing 8 gram compressed nitrous oxide (laughing gas) cartridges (‘the Goods’)). Oliver Powell appeared on behalf of Rapid Infusion Limited (‘the Company’), a wholesaler that specialises in the sale of InfusoWhip, a rapid infusion set widely used in the catering industry. It was the UKBF’s case that the Goods imported were liable to forfeiture pursuant to s.49(1)(b) Customs and Excise Management Act 1979 (‘CEMA’) by virtue of the fact that the Goods were imported in breach of a prohibition imposed by s.12 PSA 2016. In…
News 4 Sep, 2019
The possibility of individual prosecutions of senior executives for corporate white-collar crime has arisen once more as a result of a Deferred Prosecution Agreement reached between a subsidiary of multinational outsourcing specialist Serco Group plc (Serco Group) and the Serious Fraud Office (SFO). The DPA, the fifth to be agreed in the UK, also heralds the likelihood that in future parent companies may be expected not just to take responsibility for wayward subsidiaries, but may need to extend remediation group-wide if a DPA is to be in the public interest. SGL agreed to pay a fine of £19.2 million, and the SFO’s costs of £3.7 million. Serco agreed to implement wide-ranging compliance changes across not just SGL but the entire…
News 4 Jul, 2019
Ben Compton QC and Oliver Powell were invited by Port Skills & Safety, a joint venture between UKMPG and the British Ports Association to improve safety standards in the marine industry, to speak at its workshop: “Whose choice is it anyway…?” Ben spoke on the ‘Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline’, whilst Oliver conducted a mock trial, as well as sitting on a specialist panel dealing with marine related health and safety questions. Other speakers included: Chris Newton, Partner, and Alex Penberthy, Partner, Keoghs; Mike Yarwood, Claims Executive, TT Club; Stephen Haynes, Programme Manager, Mates in Mind; and Adam Christopher, Director, Active Training Team Ltd. The unique and insightful workshop was designed…
News 23 May, 2019
Oliver Powell and Alexandra Sidossis have joined with Neill Blundell and Max Hobbs of Macfarlanes to examine how the use of Account Freezing Orders (AFOs) is developing and, in particular, to examine how the first few applications for AFOs have been received by the English courts. Click here to read the latest article ‘Everybody, freeze! Account freezing orders under the Proceeds of Crime Act’. Background Oliver Powell, together with Michael Bowes QC, was consulted on the Criminal Finances Bill, by Transparency International during the Bill’s passage through the two Houses. Their analysis and commentary on the Bill was used by MPs in preparing for debates in the House of Commons. Oliver’s experience in this area means that he can speak…
News 25 Apr, 2019
Oliver Powell, led by Michael-Patchett-Joyce, was instructed by Madhu Chempakasari of Imran Khan & Partners to appear in the Court of Appeal (Civil Division) on behalf of Behzad Fuels (UK) Ltd (‘Behzad’), the Respondent. The appeal had its genesis in a decision by the Commissioners for Her Majesty’s Revenue and Customs (‘HMRC’) not to restore commercial vehicles seized from Behzad in 2013 (‘the Restoration Decision’), and HMRC’s further decision to revoke the approval of Behzad as a Registered Dealer in Controlled Oil (‘RDCO’) (‘the Revocation Decision’). The Appeal was concerned with two grounds of appeal: HMRC’s first ground, which applied only to the Revocation Decision, was that the Upper Tribunal (Tax and Chancery Chamber) (‘UT’) erred in law in directing that…
News 12 Mar, 2019
On Wednesday 16 January 2019, members of Outer Temple Chambers (Outer Temple) were invited to speak at a round table event hosted by Patterson Belknap Webb & Tyler LLP in New York. The event was opened by Judge Michael Garcia, Associate Judge of the New York Court of Appeals, and jointly chaired by Andrew Spink QC, Chair of the Commercial Bar Association and joint Head of Outer Temple, London, UK, and Stephen Younger, Past President of the New York State Bar Association and Partner at Patterson Belknap Webb & Tyler LLP. Andrew Spink QC and Oliver Powell spoke on freezing injunctions and comparative issues in disclosure of evidence, such e-disclosure. Sarah Crowther QC discussed legal fees, cost awards and litigation funding, as well as…
News 21 Jan, 2019
On Friday 18 January 2019, members of Outer Temple Chambers spoke at the 2019 New York State Bar Association Annual Meeting in New York. As part of the schedule, the panel spoke on ‘International Litigation – Introduction and Overview of the English Legal System’. The lively discussion involved an examination of the similarities and differences between the Bar of England and Wales, and the New York State Bar. Amongst other things, the panel considered: the English dual system, the hierarchy of the courts, advocacy in international arbitrations and commercial litigation, global investigations, and international travel law. Michael Bowes QC, Sarah Crowther QC, Teresa Rosen Peacocke, Oliver Powell and Alex Haines of Outer Temple Chambers were also delighted to be joined by…
News 21 Jan, 2019
Michael Bowes QC and Oliver Powell, instructed by Dechert LLP, appeared at Southwark Crown Court in Phase 3 of the SFO’s investigation into the French transport company Alstom. Michael Bowes QC (trial at first instance and retrial) and Oliver Powell (trial at first instance) appeared on behalf of Terence Watson, Alstom Network UK’s former Senior Vice President for Europe and Central Asia. It was the SFO’s case that: Terence Watson; Michael Anderson, a former Business Development Manager at Alstom Transport in Paris; and Jean-Daniel Lainé, Alstom Network UK’s former Senior Vice President for Ethics and Compliance, conspired with Alstom Network UK to make corrupt payments to public officials in Hungary in order to secure contracts for the Budapest Metro System.…
News 21 Dec, 2018
Oliver Powell and Saaman Pourghadiri have joined with Andrew Thornton-Dibb of McGuireWoods London LLP to examine how the use of legal professional privilege has developed during 2018 and, in particular, how the law impacts on the practice of conducting international investigations. Click here to read the article. Oliver is ranked in both Chambers and Partners (UK) and The Legal 500. He undertakes instructions that involve the regulation of business activity and commerce. His practice encompasses: asset forfeiture and civil recovery; bribery and corruption; commercial fraud; corporate investigations; financial wrongdoing; and sanctions. He is routinely instructed in matters with an international element, and usually cases involving allegations of dishonesty, sharp practice or breach of trust. He is a Barrister of the…
News 23 Nov, 2018
Oliver Powell and Jeremy Scott-Joynt were invited by the AMLP Forum, the financial crime and corruption association, to speak at its Annual Anti-Bribery and Corruption Forum in London. Oliver chaired a panel on ‘Investigations – evolving best practice and lessons learnt from latest anti-corruption enforcement cases on both sides of the Atlantic’. Fellow panel members included Gaon Hart, Global Anti-Bribery & Corruption Policy, HSBC Group, and Cheryl Scarboro, Partner, Simpson Thacher & Bartlett LLP. Jeremy spoke on a panel concerning ‘Joint ventures & acquisitions – managing corruption risks in the context of fragility’. Fellow speakers included Jason Hungerford, Partner, Mayer Brown International & Co-Chair of the Tainted Assets Working Group, and Ed Wheatley, Sector Head of Ethics & Compliance, Johnson…
News 22 Nov, 2018
