ASSET RECOVERY AND INTERNATIONAL FINANCIAL CRIME
His international asset recovery and financial crime practice includes experience of dealing with corruption, money laundering and fraud offences which have an international angle and recovering the proceeds of these offences. He has experience of all areas of the Proceeds of Crime Act both domestically and Internationally. He recently completed 16 months working in the Caribbean seconded to the CPS Proceeds of Crime Unit dealing with asset recovery matters of all types. He also has experience dealing with regulatory matters which have a proceeds of crime element. Confiscation and Forfeiture matters form a large part of Barnaby’s practice. He is regularly instructed in the full range of Confiscation and Forfeiture matters. These matters have ranged in size up to benefit figures of £6million. He has assisted in the recovery of money from overseas, and has a large amount of experience in other jurisdictions Proceeds of Crime Legislation. He is also experienced in contempt of court proceedings, section 11 applications, section 23 applications, and restraint orders. He also has experience dealing with Confiscation and Forfeiture matters in and insolvency context, and regularly appears for Insolvency Practitioners.
Barnaby has also provided mentoring and training to Lawyers and Judges in other jurisdictions. He is happy to be instructed to provide training services on Asset Recovery, Financial Crime and Advocacy. As well as having knowledge of the practical aspects of international asset recovery and financial crime, he has experience of working with jurisdictions to enforce the law better. This experience was enhanced by his time on secondment with the CPS. In a domestic setting he has a particular interest in financial crime and has dealt with a number of Fraud and Money Laundering cases. He has experience in a variety of different types of financial crime, including benefit fraud and MTIC fraud. Barnaby has been selected to be on the Serious Fraud Office C panel and has gained further experience of high profile fraud through this appointment.
INVESTIGATORY POWERS & PHONE HACKING CASES
Barnaby has developed particular expertise in cases involving the use of investigatory powers. He has prepared chambers seminar program on the Regulation of Investigatory Powers Act 2000 (“RIPA”), the Computer Misuse Act 1990 and the Data Protection Act 1998. He is able to advise on what powers different governmental organisations have and what methods private individuals are able to use. This is particularly topical with the rise of private investigators using intrusive, and mostly illegal, methods to gain information.
BRIBERY ACT AND DEFERRED PROSECUTION AGREEMENTS
Barnaby has a good working knowledge of the Bribery Act, and is able to advise on the criminal and regulatory aspects of the Act. He has written two articles for chambers newsletter on the subject. One provides an overview of the subject, while the other gives guidance on ways in which organisations can protect themselves from prosecution. Barnaby also has experience and knowledge of Deferred Prosecution Agreements. He has particular interest in how these will be used in connection with Bribery Act prosecutions.
HEALTH AND SAFETY REGULATION
Barnaby has experience in regulatory work, and has written in Chambers Newsletter on Corporate Manslaughter and its relevance to health and safety regulation. He has a particular interest in the licensing of multi occupation houses, environmental regulation and trading standards matters. He is also able to advise on ways in which companies can comply with the Bribery Act 2010.
Barnaby has extensive experience of professional discipline hearings in front of Healthcare regulators. He has acted in matters heard before the General Medical Council (GMC), the General Dental Council (GDC), and Nurse and Midwifery Council (NMC). Barnaby completed a 6 month secondment with the NMC. He represents both the regulators and registrants. He has extensive experience of substantive hearings, interim orders, substantive order reviews and all other form of regulatory hearings. Barnaby has dealt with a number of complicated legal issues, such as bias, abuse of process and half time applications. He has also dealt with vulnerable witnesses and a variety of expert witnesses. Please see the notable case section for more details. Barnaby sits on regulatory panels and is an elected member of the Bar Council. He sits on the Professional Practice Committee, which provides guidance on to barristers on the Bar Code of Conduct. Through his other regulatory work he has a wider range of experience in all aspects of professional disciplinary law.
Barnaby has wide range of experience in sports disciplinary hearings and a particular interest in Anti-Doping work. Barnaby has advised athletes and clubs accused of breaching there governing bodies rules, and has provided training on Anti-Doping legislation to a variety of bodies. Barnaby’s experience in Anti-Doping was recognised by the Rugby Football Union when they appointed him onto their Anti-Doping judicial panel. Barnaby has also dealt with a number of cases in front of the National Anti-Doping panel. The cases have dealt with the full range of legal issues under the World Anti-Doping Code. Notable cases include UKADA v Offiah where he secured the maximum reduction in ban for tampering with the Doping Control Process. In UKADA v Six he dealt with a ‘Compelling Justification’ argument under article 2.3 of WADA code.
Barnaby also provides training to professional sports clubs and athletes on the full range of sports law issues.
DEATH PENALTY WORK
Barnaby has a particular interest in death penalty work. He has worked for the death penalty charity Amicus as an investigator, researcher, and legal assistant In the Capital Defender’s office of North Carolina, working on fourteen death penalty murder trials, and one death row appeal. The issues involved in these cases included; various types of mental incapacity, DNA evidence, ballistics, jury selections, racial prejudices, and prosecutorial abuses. Barnaby continues to be involved in death row work in America and throughout the world.
PREVIOUS RELEVANT EXPERIENCE
Before qualification Barnaby gained experience in different legal environments in order that he could approach life at the Bar as a more rounded practitioner. He spent a year working for the Treasury Solicitor exclusively on immigration judicial review cases, and latterly worked at the Insolvency Service within the Serious Non-Compliance team as a Case Examiner, investigating various tax frauds, including a number of carousel (MTIC) and contra-trading cases.