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Tony Wyatt

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Education:

LLB (Hons.), University of Dundee

BVC, Inns of Court School of Law

Pupillage, Chambers of William Clegg QC

Harmsworth Scholar, Middle Temple

Areas of Practice:

  • Serious Crime
  • Fraud
  • Regulatory
  • Restraint and Confiscation
  • Judicial Review
  • Appellate Work
  • Corporate Regulation / Litigation
  • Sport / Professional Discipline

Consistently ranked as “a leader in his field” by The Chambers and Partners Independent Legal Directory in both General Crime and Sports Law

Tony Wyatt practises as an independent self-employed barrister from his own Chambers within Ewing Law’s Storey’s Gate address, having opted to move away from the ‘traditional’ barrister’s model after eleven successful years of practice at 2 Bedford Row (The Chambers of William Clegg QC), itself consistently ranked as the UK’s leading criminal barristers chambers.

Tony’s practice encompasses all aspects of serious criminal defence, from general crime and fraud through to confiscation, restraint and regulatory offences. In addition he has since 2002 specialised in all aspects of Sports Law and in the field of Judicial Review, and has in recent years been frequently instructed on a highly specialised basis in corporate regulation and litigation, where his tactical approach gained from years at the Criminal Bar has been applied to contested litigation between companies, and in disputes between companies and their employees and/or directors.

General Crime

Consistently ranked by Chambers and Partners Legal Directory as “a leader in his field” in General Crime whilst at the Independent Bar, Tony has been instructed alone, to lead and as a led junior across the full spectrum of serious crime. He has appeared for the defence in cases that allege murder, manslaughter, drug trafficking, serious assaults, blackmail, kidnap and robbery. This wealth of experience in heavyweight criminal matters has led to his frequent instruction in complex multi-handed trials, and to involvement in cases alleging both gang activity and organised crime. In addition he has defended in all manner of other criminal matters, ranging from offences of dishonesty to offences against the person, and from sexual offences to public order offences.

In General Crime Tony has developed a particular specialisation in offences that involve the threat or use of serious violence – ranging from murder to armed robbery – and has earned a growing reputation in his approach to proceedings of this type. Such cases have left him with a detailed understanding and interest in the cell-site and telephone material that often forms the heart of the prosecution evidence and, as a result, he has successfully challenged the same in a number of serious and high profile contested matters.

Fraud

Tony regularly receives instructions to defend in all manner of fraud and money laundering matters, from complex and multi-handed VAT frauds to the simplest of benefit frauds, and everything in between. A myriad of cases in this field include successfully acting alone on behalf of a defendant alleged to have carried out an import excise fraud totaling some £26,000,000; alone for one defendant who – along with other members of his immediate family – was alleged to have conducted the largest ‘car ringing’ fraud ever seen in the North of England; alone on behalf of a Defendant alleged to have been the ‘mastermind’ behind a large-scale ‘long firm fraud’ in which suppliers of millions of pounds worth of goods were allegedly tricked into giving credit to a supposed retailer who then shut up shop and sold the goods on under an alternative name; alone on behalf of a company director alleged to have defrauded the company client account of millions of pounds worth of client monies; and alone on behalf of one of nine defendants alleged to have been involved in the largest conspiracy to defraud and to launder the proceeds of crime ever prosecuted outside of London. In addition, Tony has acted on behalf of the first defendant in what was widely reported to be ‘the largest credit card scam in UK history’, as well as appearing in many other trials in which defendants are alleged to have ‘cheated’ Her Majesty’s Revenue and Customs of many millions of pounds due in both taxes and excise duty.

Away from multi-million pound frauds, Tony is equally adept at dealing with allegations that relate to much smaller sums but that are no doubt of equal concern to those facing prosecution. He has particular experience in dealing with those alleged to have defrauded the elderly, infirm or otherwise vulnerable of significant sums, often for building works alleged to have been overpriced and of inferior quality (‘rogue trader’ cases). These are proceedings that often require the delicate handling of witnesses in extreme old age and as a result Tony has developed something of a specialised and tactical approach to the cross examination of these vulnerable persons.

Regulatory

Tony has considerable experience in defending both individuals and corporations charged with regulatory offences. These include the kind of ‘rogue trader’ allegations that are sometimes charged as fraud but which are just as often dealt with as Trading Standards violations. In addition, he has acted for the defence in matters prosecuted by the Health and Safety Executive – ranging from bare infringements of Health and Safety Regulations to infringements that lead to both very serious injury and even death – and frequently acts on behalf of those alleged to have acted in violation of the Trade Description Act 1968. Tony is also experienced in defending establishments targeted for closure by the Food Standards Agency. In this respect he has successfully Judicial Reviewed the FSA’s policies on the basis that it has wrongly interpreted the European Union legislation from which it derives its authority. The Divisional Court held that the FSA’s policies on the grant of conditional and full approval to trade were indeed unlawful. This case has led to the implementation of “The Official Feed and Food Controls (England) (Amendment) Regulations 2011″, a statutory instrument that alters the Food Standards Agency’s approach to and interpretation of European Legislation.

Restraint and Confiscation

Tony’s extensive fraud practice has inevitably led him to the related area of confiscation, restraint and asset forfeiture, and as a result he has developed a particular and much sought-after expertise in this field. As a confiscation specialist he is frequently briefed to deal with applications that arise in cases where he was not instructed in relation to the substantive offence. In addition, he is regularly instructed to ‘take the lead’ in respect of applications that arise from substantive proceedings in which he was originally instructed as a led junior.

Amongst other successes he has had in this field, Tony conducted the case of The Department of Works and Pensions v WS. This was a confiscation application arising from a plea of guilty to benefit fraud, following which the defendant repaid the full sum unlawfully gained. The DWP nonetheless sought to recover again through confiscation proceedings on the ground that the timetable had been set and that what was repaid had been a ‘voluntary payment’. Tony was instructed to defend these proceedings and successfully argued that the application should be stayed as an abuse of the process of the court, a decision upheld by the Administrative Court when Judicially Reviewed by the DWP. This remains the only case in which confiscation proceedings have been successfully stayed and the decision subsequently upheld on the basis of ‘unfairness’.

Judicial Review

Away from substantive criminal proceedings, Tony is often instructed in complex matters brought before the Administrative Court for the purposes of Judicial Review. Most often acting on behalf of the interested parties in cases arising from the decisions of the Crown Court – in cases in which he may or may not have been the instructed advocate at first instance – he has built a reputation for coherent argument and an ability to ‘think on his feet’.

Tony’s cases before the Administrative Court include responding to the application of the Department of Work and Pensions on behalf of the interested part, WS (see ‘Restraint and Confiscation’, above); appearing on behalf of an applicant in a paper-heavy, highly complex review of a confiscation ruling with only two days notice following the withdrawal of Queens Counsel previously instructed; and successfully challenging the Food Standards Agency’s policies as they relate to the enforced closure of slaughterhouses on the basis that the Agency has misinterpreted European legislation (see ‘Regulatory’, above).

Appellate Work

Tony frequently conducts appeals against both sentence and conviction before the Court of Appeal. Whilst the majority of these hearings arise from first instance decisions in cases in which he was the instructed advocate, he also has considerable experience in pursuing ‘second opinion’ appeals where he has been asked to review the advice of previous counsel. He has conducted many successful appeals following leave from the single judge and has on numerous occasions acted on a pro bono basis in applying for leave before the full Court where it has initially been refused.

Matters brought before the Court have ranged from appeals against sentence based on the merits to those appeals that serve to clarify recent sentencing legislation (such as acting alone in the case of R. v. Pluck in which the approach to the imposition of indeterminate sentences for public protection was settled). He is also experienced in conducting lengthy and complex appeals against conviction, including (in 2010/2011) acting alone for the second of five Appellants in an appeal against a conviction for murder. Arising from a three-month trial at the end of which the Appellants were convicted of a ‘Sri Lankan Honour Killing’, Tony acted alongside Queens Counsel for each of his co-Appellants and against Queens Counsel for the Crown and, following a two-year appeal process that culminated in a three-day hearing before the Full Court, the convictions were duly quashed. The Court also ordered that there was to be no re-trial.

Corporate Regulation / Litigation

Tony’s experience and reputation in criminal matters has naturally led to his advice being sought by those companies that practice in fields at risk in terms of money laundering and bribery. He has frequently been instructed by such corporations and bodies to ensure that their working practices are compliant with both domestic and international legislation, such as international construction companies, contract negotiators and facilitators, and gambling associations. This has taken the form of direct advice to board members, lectures on proper practice to employees and in a number of cases direct contact with ‘consultants’ to verify identity and practice under due diligence procedures set up with Tony’s advice and guidance. In addition this exposure to corporate clientele has increased Tony’s profile to the extent that he has gained increasing experience in dealing with disputes between companies, and between companies and their own employees/directors. This experience has ranged from commercial disputes in which Tony has advised on the tactical approach to take in deconstructing the defence to litigation – alongside specialist commercial lawyers – to the investigation and preparation of private prosecutions against company employees and directors accused of in-house criminal and civil fraud.

Sports / Professional Discipline

Tony has an additional specialisation in the field of Sports Law. This is an area in which his expertise has long been recognised and he has been ranked as a “Leader in his Field” for Sports Law by the Chambers and Partners Directory since 2010.

Forming an increasing proportion of his practice, Tony’s Sports Law work was initially concentrated upon professional disciplinary matters and in this respect he has appeared before a wide number of professional bodies and tribunals. Whilst accepting instruction in relation to such matters in any sport, he has tended to concentrate on Rugby Union. Originally acting on behalf of cited players and those charged by the RFU with bringing the game into disrepute, more recently he has acted on behalf of the RFU itself, a role that precludes his accepting instructions to defend in relation to this sport alone.

Although initially specialising in those ‘on-field’ disciplinary matters that bear a similarity to his criminal practice – particularly allegations of malicious conduct on the rugby pitch – his experience in this area has widened over time and now covers many other aspects of Sports Law, from contractual disputes to allegations of ‘doping’. Included in this wider range of ‘Sports Law’ cases are such experiences as appearing before the British Boxing Board of Control in a contested application to release a professional boxer from his management contract, a case in which the entire legal basis of the joint manager/promoter role was challenged. Tony is also regularly sought out by professional and international sportsmen and women to represent them in relation to criminal matters. Of particular note is Tony’s ever-growing reputation as regards contractual negotiations between sportsmen and women and their managers/promotors, a field in which – with the unrivalled experience of Scott Ewing behind him – Tony has been increasingly in demand and highly praised.

In addition to these general sporting matters, Tony has been increasingly instructed to act for a variety of high-profile and high net worth sporting personalities in matters of a more personal nature, ranging from matters of defamation in the media to family law proceedings. In respect of the latter he has advised upon and conducted proceedings relating to both the financial elements of legal separation and divorce in instances where substantial funds and both past and future earnings are in issue, and in relation to the often more contentious question of child residence and contact. Tony has generally had conduct of these proceedings as counsel with Scott Ewing acting as solicitor.

General and Personal

Tony frequently works outside of London and the South East, being regularly instructed in all parts of both England and Wales

Away from the law Tony’s interests are in reading almost anything he can lay his hands on, writing fiction and film. He has been a keen sportsman throughout his life, having boxed competitively at a high level and having played for a number of well-known Rugby Union teams. These days he is considerably less active, only playing when surrounded by better players to hide behind and complaining bitterly whenever forced to break into a run. Against his better judgement he is a keen supporter of Tottenham Hotspur, London Wasps and the England Rugby Team.

Memberships

Criminal Bar Association
South Eastern Circuit

CASES

Domestic Appellate Cases

R. v. N. & Others

Arising from a seven handed Sri Lankan ‘honour killing’ murder conviction, Tony acted alone on behalf of the second of five appellants and was the only junior counsel to appear (co-defending alongside and being prosecuted by a total of five Queens Counsel). The complicated appeal arose from a variety of technical failings on behalf of the Crown and upon the misleading evidence of senior police officers. The proceedings lasted in excess of three years and took up many days of the Court of Appeal’s diary in that time. Ultimately the convictions were quashed in April 2011 and the Court of Appeal ordered that there should be no retrial.
The Court of Appeal (Criminal Division)

R. v. K. & Others

Acting alone for the third Appellant in January 2011, Tony was the only junior counsel instructed to appear for the defence (all other Appellants being represented by Queens Counsel) as he stood in for his leader Mr Peter Lodder QC, who was Chairman of the Bar at the time of the hearing. The appeal related to a sentence of 14 years imprisonment imposed for the largest Conspiracy to Import Cannabis ever prosecuted. Submissions were made over the course of a day, during which Tony took the lead on the majority of points after those who had gone before him were content to adopt their skeleton arguments. The complex and hard-fought argument advanced mainly concerned the imposition of consecutive sentences where money laundering is separately charged but forms an integral part of the substantive offence, and the circumstances in which a legitimate expectation for the award of full credit for an otherwise late guilty plea should be binding upon the sentencing judge.
Court of Appeal (Criminal Division)

R. v. P

Acted alone in an appeal against a sentence of indeterminate imprisonment for public protection at a time where such sentences were still routinely imposed. Following on from the test case of R. v. Lang, the Court of Appeal used this case to clarify outstanding matters arising from its own judgement in Lang.
Court of Appeal (Criminal Division)

Judicial Review

R. (on the application of PF Limited) v The Colchester Magistrates Court, ex parte The UK Food Standards Agency

Appeared alone on behalf of the Claimant in a Judicial Review of the Food Standards Agency’s policies as they relate to meat production facilities, on the basis that the FSA has wrongly interpreted the European Union legislation from which it derives its authority. The Divisional Court held that the FSA’s policies on the grant of conditional and full approval to trade were indeed contrary to the EU legislation. This case led to the implementation of “The Official Feed and Food Controls (England) (Amendment) Regulations 2011″, a statutory instrument that alters the Food Standards Agency’s approach to and interpretation of European Legislation
Royal Courts of Justice (Queens Bench Division)

R. (on the application of the Department of Works and Pension) v. Croydon Crown Court, ex parte Wendy Stubbs

Appeared alone on behalf of the interested party in respect of an application to quash the decision of a Crown Court judge to stay confiscation proceedings as an abuse of process. Finding in favour of the interested party, this is the first case in which the Administrative Court has confirmed that proceedings under the Proceeds of Crime Act 2002 can be stayed as of abuse on the grounds of ‘unfairness’.
Royal Courts of Justice (Queens Bench Division)

R. (on the application of John Minshall) v. Marlebone Magistrates Court, ex parte Her Majesty’s Revenue and Customs

Acted alone on behalf of the Claimant in respect of a judicial review against the enforcement of a confiscation order by the Marlebone Magistrates Court. Instructed at the eleventh hour following the departure of previously briefed Queens Counsel, this case involved considerable argument before the court, opposed by Queens Counsel leading junior counsel for the interested party.
Royal Courts of Justice (Queens Bench Division)

Murder/Manslaughter

R. v. KS & Others

Acted as junior counsel for the second defendant in a three-handed cut-throat trial arising from the murder of a Polish national in an abandoned West London tower block.
Central Criminal Court

R v JL

Acted alone for the Defendant in respect of attempted murder and possession of a firearm with intent to endanger life arising from a shooting in an Essex nightclub.
Chelmsford Crown Court

R. v. BR and Another

Acted alone for the elder of two brothers accused of a revenge-motivated home invasion, in which the mother of the intended victim had her throat cut and his brother repeatedly stabbed.
Court: Kingston Crown Court

R. v. N. and Others

Instructed as junior counsel on behalf of the second of seven defendants throughout a three-month Sri Lankan ‘honour killing’ trial.
Court: Central Criminal Court

R. v. M. Cash

Appeared alone for the defence in respect of an allegation of attempted murder, arising from a shooting at a residential caravan park.
Court: Leicester Crown Court

R. v. T & Another

Appeared as junior counsel in respect of an allegation of murder, arising from a £5 drugs debt.
Court: Basildon Crown Court

R. v. B & Another

Appeared as junior counsel in relation to a charge of soliciting murder in which the defendants were alleged to have contracted an undercover police officer – posing as a contract killer – to murder a family member.
Court: Basildon Crown Court

R. v. S

Instructed as junior to Senior Treasury Counsel in the prosecution of two counts of attempted murder that took place on the London Underground.
Court: Central Criminal Court

Drugs

R. v. N and Others

Instructed alone on behalf of a Defendant alleged to have been a key player in a multi-national conspiracy to import Class A Drugs, Class B Drugs and cigarettes into the jurisdiction from Europe using sophisticated and long term delivery arrangements to defeat the attentions of the police. This trial included the complex legal considerations of entrapment-based abuse of process arguments, disclosure of material relating to the international cooperation between various police forces and the question of the limitations of prosecution following the extradition of British nationals from other European states.
Court: Maidstone Crown Court

R. v. W and Others

Acted as leading junior in the 9-week trial of 8 defendants accused of conspiring to import industrial quantities of Class A and Class B drugs over a 4-year period, an allegation which – had the Defendant been convicted – would have resulted in sentences of between 25 and 30 years imprisonment for those defended.
Court: Southwark Crown Court

R. v. H and Others

Appeared as junior counsel for the first defendant in a three-month multi-handed drugs conspiracy trial alleging importation and supply of massive quantities of heroin, cocaine, amphetamines and cannabis. The case involved hundreds of hours of covert operations over a five-month period.
Court: Birmingham Crown Court

R. v. K & Others

Junior to Peter Lodder QC on behalf of one of three (of a total of eleven) defendants alleged to have formed the ‘board of directors’ of the largest conspiracy to import cannabis ever prosecuted within the jurisdiction, with an estimated £61,000,000 worth of the drug brought into the United Kingdom from the Netherlands in hidden compartments within flower delivery crates.
Court: Southwark Crown Court

R. v. S

Instructed as junior counsel on behalf of one defendant in a multi-handed conspiracy to import a large quantity of both heroin and cocaine. The basis of plea advanced was successfully contested in a two-week Newton Hearing.
Court: Liverpool Crown Court

R. v. N & Others

Instructed as junior counsel for the defence in a widely reported, multi-million pound ‘public schoolboy drugs ring’ prosecution.
Court Southwark Crown Court

Fraud

R. v. C

Acted alone on behalf of a Defendant alleged to have been involved in a Conspiracy to defraud a major multi-national corporation in the sum of £6,000,000 via exaggeration of stock orders made to the corporation by employees of subsidiary companies, with the surplus stock being sold on at a profit. The Defendant was implicated not in the substantive criminal allegation but instead in the highly complex money laundering arrangement allegedly put in place to conceal the substantial proceeds of the alleged offence.
Bristol Crown Court

R. v. D

Instructed to act on behalf of one Defendant alleged to be at the heart of a three-phase conspiracy to defraud a retired professional of over £700,000, made up of his life savings and the equity in his house. The case against the Defendant was based upon association via family relationships to others in the case, and primarily upon the use of telephones between the alleged parties to the Conspiracy. Unusually in a fraud prosecution it was this telephone detail that had to be carefully analysed and utilised for the proper defence of the client.
St Albans Crown Court

R. v. BS

Acted alone on behalf of a former company director accused of having defrauded the client account of a busy ‘pay-day loan’ company of over £1,000,000 in client funds. This case was made more complicated by virtue of the fact that there had been significant civil litigation between all directors of the company in which similar allegations had been made and disproved against other former company directors, including the Defendant’s brother. This material – including transcripts of evidence in civil hearings – had to be utilised in the defence of the client against the allegations being leveled against him.
Snaresbrook Crown Court

R. v. DB

Instructed to represent the defendant in respect of allegations of money laundering and drugs offences. The Defendant was the subject of covert Serious and Organised Crime Agency surveillance for an 18-month period, leading to a transaction where the Defendant placed a refuse sack full of used banknotes onto the front seat of a car. The Crown alleged that this was money generated from the large-scale importation of drugs, whilst the Defendant maintained that his criminal activity related to the mid-range evasion of duty on the importation of cigarettes. The Defendant was duly convicted of money laundering on his basis and acquitted of all drugs related charges.
Nottingham Crown Court

R. v. G & Another

Acted alone for the Defendant throughout a lengthy trial arising from an allegation of a ‘long firm fraud’ valued at millions of pounds sterling. Four of the Defendant’s co-accused pleaded guilty and offered to give evidence for the Crown. Ultimately one was relied upon for the purposes of Queen’s Evidence.
Birmingham Crown Court

R. v. C & Others

Appeared for one of seven defendants accused of conspiracy to avoid the excise payments due to Her Majesty’s Revenue and Customs on a large number of imported vehicles over the course of several years, and of attempting to launder the proceeds of that conspiracy.
Court: Leicester Crown Court

R. v. MD and Another

Acted alone for the first defendant on an indictment in which several elderly and infirm victims were allegedly defrauded out of over £500,000 of properties and savings.
Court: Wood Green Crown Court

R. v Z & Others

Instructed as junior counsel on behalf of the first defendant on an indictment widely reported as “the largest credit card scam in UK history”
Court: Southwark Crown Court

R. v. H

Acted alone on behalf of one defendant in respect of a multi-handed allegation of conspiracy to carry out excise fraud totally in the region of £26,000,000.
Court: Preston Crown Court

R. v. B & Others

Instructed on behalf of one of a large number of defendants charged in relation to a multi-million pound ‘car ringing’ operation in the Midlands. This case led to a multi-million pound confiscation under the Proceeds of Crime Act 2002 which was reported as the largest order of its type in legal history. Despite this, Mr Biddle’s personal liability was restricted after lengthy legal argument to only £8,000.
Court: Leicester Crown Court

Miscellaneous Crime

R. v. C & Others
Acted for the first Defendant in a highly=publicised two-month blackmail trial arising from allegations that a team of ‘road surfacers’ had operated over the course of a year throughout England and Wales, approaching small business and offering to surface the businesses’ car parks for a nominal fee. Regardless of the response the work would be done, and to an inferior standard. The allegation was that once done exorbitant fees would be demanded for the work carried out, with threats of extreme and sometimes sexual violence being made in the fact of any refusal to pay.
Newcastle Crown Court

R. v. RJ & Others

Acted for one of five defendants in a five-week trial arising from an alleged conspiracy to smuggle both drugs and mobile telephones into prison. The majority of the evidence in the case was formed of in-depth mobile telephone and cell-site material linking the defendants to one another and to other alleged co-conspirators.
Blackfriars Crown Court

R. v. BM & Another

Instructed to represent the first Defendant in a nationally publicised affray trial involving England and Arsenal footballer Jack Wilshire. A a widely reported closing speech in support of self-defence resulted in a note from the jury asking why the ‘footballer has not been arrested and charged in respect of a fight that he clearly started’.
Isleworth Crown Court

R. v. Anthony Joshua

Represented the Defendant in respect of an allegation of Possession of Cannabis with Intent to Supply. Prior to his arrest the Defendant was a member of the Great Britain Elite Boxing Team and – having been found not guilty of possession with intent to supply – was reinstated to the team and went on to win the Super-Heavyweight Gold at the 2012 Olympics.
Wood Green Crown Court

R. v. AF & Another

Tony acted for the first Defendant, a senior member of the Stenna Sea Link Line accused of using his position to smuggle duty-free tobacco products for resale. The case involved the careful analysis and presentation of the life-time earnings and financial dealings of the Defendant, to demonstrate that the items and assets owned by him were the ultimate reward of hard work and careful financial planning.
Ipswich Crown Court

R. v. AJ & Others

Acted as junior for one of five individuals indicted in respect of a Conspiracy to Rob approximately £4,000,000 at Heathrow Airport. This case was the high-profile ‘sequel’ to R. v. Twomey and others, which was the first Crown Court trial to be heard without a jury in 300 years. Using detailed analysis of 5 trials worth of transcripts of oral evidence, judge’s comments and a mass of unused material, Tony and his leader spearheaded the Pubic Interest Immunity arguments that led to prosecuting counsel – after discussions with the Director of Public Prosecutions – offering no evidence in January 2011.
Kingston Crown Court

R v. W & Another

Instructed alone for the first defendant – the director of the largest private security firm in the Midlands and the North of England – in respect of a £170,000 blackmail allegation made against him and his co-director by a business rival.
Court: Hereford Crown Court

R. v. W & Others

Junior counsel for the first defendant in the so-called ‘Chelsea Jewellery Robberies’ prosecution, representing the defendant alleged to have been the ‘mastermind’ behind a group accused of carrying out a long series of high-profile robberies.
Court: Southwark Crown Court

R. v. P. & Others

Acted alone for the first defendant in a highly charged and lengthy trial arising from historical allegations of child neglect, cruelty and physical abuse.
Court: Woolwich Crown Court

R. v. JD

Acted as leading junior in defence of an alleged nationwide conspiracy to burgle that comprised over 100 individual ‘vulnerable person’ offences stretching back to the late 1990’s.
Court: Stoke Crown Court

R v. G

Acted alone on behalf of the sole defendant facing allegations of a post-office armed robbery in which the proprietor was seriously injured following an alleged ‘pistol-whipping’. The course of the proceedings was complicated by the fact that the defendant had absconded from custody before the trial of his co-defendants where certain facts were accepted, only to subsequently be contested by the defendant. This included the acceptance by his erstwhile co-defendant that the proprietor had indeed been ‘pistol-whipped’, a suggestion subsequently disproved by careful analysis of the CCTV evidence.
Court: Inner London Crown Court

R. v. M & Others

Acted alone for one of a number of defendants alleged to have controlled the largest brothel in the North of England. These proceedings were ultimately stayed as an abuse of process following a three-week legal argument.
Court: Sheffield Crown Court

R. v. C

Junior counsel on behalf of one of a number of defendants accused of involvement in a highly professional series of commercial burglaries, resulting in the theft of approximately £1,000,000 in precious metals.
Court: Bristol Crown Court

R. v. KH & Another

Acted alone for the first defendant charged with the theft of three cheques from Kensington Palace, all signed and belonging to Princess Michael of Kent, and the subsequent attempt to obtain £25,000 via the use of a single cheque.
Court: Middlesex Guildhall Crown Court

Confiscation and Restraint

R. v. W

Instructed alone in place of original counsel in a confiscation hearing following the defendant’s conviction for conspiracy to supply Class ‘A’ drugs. The Crown’s application to confiscate the defendant’s assets on a ‘criminal lifestyle’ basis was successfully resisted by arguing that those assets were in fact the proceeds of a highly profitable chain of ‘sado-masochistic dungeons’ frequented by the great and the good.
Court: Maidstone Crown Court

R. v. WS

Instructed alone in place of original counsel in confiscation proceedings arising from a plea of guilty to a charge of benefit fraud. The confiscation proceedings were ultimately stayed after it was successfully argued that to proceed in the peculiar circumstances of the case would amount to an abuse on process on the grounds of ‘unfairness’. This was the first time that ‘unfairness’ has successfully been argued in proceedings arising from the Proceeds of Crime Act 2002.
Court: Croydon Crown Court

Sports / Professional Discipline

Re: Luke Campbell

Advised Olympic Gold Medal-winning boxer Luke Campbell in advance of and during his contractual negotiations with various professional boxing promoters, in advance of his decision to sign with Eddie Hearn’s Matchroom Promotions.

Re: LO

Acted on behalf of a professional boxer banned for four years for the use of performance-enhancing substances by the UK Anti-Doping Panel. Following a series of hearings the ban was set aside and the boxer once again permitted to fight professionally.

Re: M.

Acted on behalf of the Rugby Football Union in an action before the Rugby Football Union Disciplinary Panel in respect of an allegation of deliberate ‘eye-gouging’ that had received an inordinate level of press attention due to the injuries sustained.
Court: Rugby Football Union Disciplinary Panel

M. v. P.

Acted on behalf of a professional boxer before the British Boxing Board of Control in respect of a contractual dispute between the claimant and his manager/promoter.
Court: British Boxing Board of Control

R. v. J.

Instructed to appear before the Rugby Football Union Disciplinary Panel on behalf of an amateur rugby coach accused of bringing the game into disrepute by way of an alleged inappropriate relationship between himself and two 15 year-old girls playing in his team.
Court: Rugby Football Union Disciplinary Panel

Regulatory

Hertfordshire Trading Standards v PS Limited

Acted on behalf of a major high street retailer in relation to 22 allegations of breaching trading standards regulations in that the company was alleged to have sold goods that did not meet either UK or EU Fire Safety Standards.

Food Standards Agency v P.F. Limited

Acted alone on behalf of P.F. Limited – one of the largest chicken ‘factories’ in the United Kingdom – in resisting the decision of the Food Standards Agency to close the company’s main plant following its failure to achieve ‘full approval’ of its working practices. The outcome of the matter was of particular importance to the chicken-supply industry as a whole given the size of P.F. Limited’s operation, as closure would remove a huge swath of produce from the consumer market, whilst success on behalf of P.F. Limited would undermine the legality of the policies adopted nationwide by the Food Standards Agency. This matter currently awaits conclusion before the Administrative Court in the form of a Judicial Review of the Food Standards Agency’s interpretation of European Law.
Court: Colchester Magistrates Court (first instance); Royal Courts of Justice, Queens Bench Division (Judicial Review)