https://www.23es.com/barrister/john-price-qc/
John Price QC Contact John's Clerk: 1982 / (Bar) QC 2009 / (Silk) [email protected] 020 7413 0353
"John Price is a fantastic communicator
who is calm under pressure, thorough,
knowledgeable and a pleasure to instruct.
A superb lawyer who is highly tenacious.
He is a rottweiler."
CHAMBERS AND PARTNERS - CRIME - 2021
"A brilliant silk and the pre-eminent silk for
prosecuting cases of complexity and
sensitivity, particularly where there are PROFILE difficult questions of law." LEGAL 500 2021 - CRIME John Price QC has experience in all areas of criminal law, both prosecuting and defending, in cases of murder, sexual offences, firearms, fraud and "He has a fiercely analytical mind, and drugs. handles the law with clarity and authority."
CHAMBERS AND PARTNERS - CRIME He is regularly instructed by CPS HQ Appeals Unit and has appeared recently in several cases of importance in the Court of Appeal. These cases, "Extremely capable and a very skilled referred to as 'Special Court Cases' by the CPS have concerned offences of cross-examiner." LEGAL 500 - CRIME child sexual exploitation and serious historic sexual assaults.
In recent years John has been briefed on high profile historic sexual abuse cases involving public figures and renowned public schools.
John is regularly briefed to provide advice and prosecute and defend cases concerning offences of Corporate Manslaughter and Gross Negligence Manslaughter.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester PROFESSIONAL MEMBERSHIPS
Criminal Bar Association, Honourable Society of the Inner Temple Midland, Oxford Circuit (Former Junior to Circuit 1992) Appointed Recorder of the Crown Court 2007 Member of the CBA Fraud Lawyers Association
CRIME
John Price QC has always both prosecuted and defended. This has continued in silk in equal measure, in all manner of serious cases, ranging from financial crime to murder, firearms and serious sexual offences.
In silk he has developed a substantial appellate practice. He has appeared in several leading guideline cases, including before five judge courts in the CACD and in many other reported cases involving important decisions on matters of law, evidence and procedure. This includes several CCRC referrals and other cases where he has been asked to advise and to appear in matters where he did not conduct the trial.
Notable Crime cases
R. v Hughes (Michael). [2013] UKSC 56 [2014] 1 Cr. App. R. 6 - Supreme Court. Causation in motoring homicide.
R v Wilkinson [2009] EWCA Crim 1925. [2010] 1 Cr. App. R. (S.) 100 - Criminal Division of the Court of Appeal. Sentencing in serious firearms cases
CPS V F. [2011] EWCA Crim 1844. [2011] 2 Cr. App. R. 28. - Criminal Division of the Court of Appeal. Abuse of process/delay
R v H. [2011] EWCA Crim 2753. [2012] 2 Cr. App. R. (S.) 21. - Criminal Division of the Court of Appeal. Sentencing in cases of historic sexual offences
R. v Clift; R. v Harrison. [2012] EWCA Crim 2750. [2013] 1 Cr. App. R. 15. - Criminal Division of the Court of Appeal.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester Section 74 PACE 1984. The use of evidence of a conviction.
R v MJ [2012] EWCA Crim 132. [2012] 2 Cr. App. R. (S.) 73. - Criminal Division of the Court of Appeal. The assessment of "dangerousness.
R v Coley and others. [2013] EWCA Crim 223. [2013] M.H.L.R. 171; [2013] Crim. L.R. 923. - Criminal Division of the Court of Appeal. The defences of automatism and insanity and the effects of intoxication.
R v Forbes [2016] EWCA Crim 1388 [2016] 2 Cr. App. R. (S.) 44. - Criminal Division of the Court of Appeal. Sentencing in cases of historic sexual offences.
R v S and others. [2012] EWCA Crim 1433; (2012) 127 B.M.L.R. 164. - CCRC Referrals. Fresh expert medical evidence in a series of similar cases of child sexual abuse.
R v Kevin Cole. [2013] EWCA Crim 1149 - CCRC Referrals Non-disclosure, prior statement by ID witness in case of murder
R. v Holden (Kerry). [2017] EWCA Crim 31. - CCRC Referrals Fresh evidence; confession by 3rd party in a case of murder.
R v Dalby. 2018 - CCRC Referrals Fresh expert medical evidence in a case of child sexual abuse
R v Simmons. 2018 - CCRC Referrals Failures in the process of disclosure in a case of child sexual abuse.
R v Benjamin Geen. 2009 EWCA Crim 2609 - Fresh Evidence. Nurse convicted of murders of patients; fresh expert evidence.
R. v Smith (Matthew James). [2017] EWCA Crim 712. Fresh Evidence. Change of case by defendant.
R v JE, DL and JW. [2018] EWCA Crim 1388 - Jury misconduct Jury bias.
R v J McA. 27th March 2018. - Jury misconduct Unauthorised internet research.
R v Lee. [2010] EWCA (Crim) 1404. [2010] 2 Cr. App. R. 26. - Evidence & Procedure. Medicines Act 1968. Substitution of a verdict under Section 3A CAA 1968
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester R v G. [2012] EWCA Crim 1756; [2013] Crim. L.R. 678. - Evidence & Procedure. Case dependent upon inferences; submission of no case.
R v Sule. [2012] EWCA Crim 1130. [2013] 1 Cr. App. R. 3. - Evidence & Procedure. Evidence of bad character/motive
R v Khan, Mahmood and Kajla 2013] EWCA Crim 2230. - Evidence & Procedure. Illegally obtained evidence. RIPA 2000. Listening device in a police van.
R. v Lawrence (Joseph) and others. [2013] EWCA Crim 708. [2014] 1 Cr. App. R. 5. [2013] EWCA Crim 708. [2014] 1 Cr. App. R. 5. - Evidence & Procedure. The use of Preparatory Hearings. Hearsay evidence of a complainant who refuses to attend court.
R v Nankani. [2016] EWCA Crim 888. - Evidence & Procedure. A case of murder from 2009. The proper construction of Section 3 Homicide Act 1957.
R v Townshend. [2018] EWCA Crim 430 - Evidence & Procedure Quashing an order for dismissal from the RAF made by the court martial and the "just culture" principle.
R v Dr J Rudling. [2016] EWCA Crim 741; (2016) 151 B.M.L.R. 79. - Gross Negligence Manslaughter. Serious and obvious risk of death is a prospective test.
R v Miell. [2007] EWCA Crim 3130. [2008] 1 Cr. App. R. 23. - Quashing acquittals/double jeopardy The second such application following the change of the law.
R v AE. [2018] EWCA Crim 1838 - Quashing acquittals/double jeopardy A case of murder from 1993
R v Gadd [aka Gary Glitter]. [2014] EWHC 3307 (QB) - High Court Obtaining a bill of indictment in respect of charge previously stayed as an abuse of process.
R v Dr Errol Cornish, Maidstone and Tunbridge Wells NHS Trust. [2015] EWHC 2967 (QB); [2016] EWHC 779 (QB). - High Court Application of Corporate Manslaughter and Corporate Homicide Act 2007. Wasted
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester cost orders following acquittal
R (on the application of "Monica") v DPP and AJB. - High Court Judicial review of a decision not to prosecute; effect of "deception" on consent in case of undercover police officer the subject of a complaint of rape.
R v Daniel McLaren 2018. - Crown Court at Reading. Father charged with the murder of his infant son. Assault by "shaking" based upon complex expert medical evidence.
R v Rahim Mohammedi 2018. Central Criminal Court The "Colindale allotment murder".
R v Jemma Beale. 2017 A case of perjury and perverting the course of justice arising from false allegations of rape and serious sexual assault in which an innocent man had been jailed for seven years
R v Dr Brian Harris. 2017. Crown Court at Merthyr Tydfil Retired consultant psychiatrist charged with historic offences of sexual assaults upon patients.
R v Andrew Townshend. 2017. Court Martial. Senior RAF pilot officer charged with negligence arising from a serious aviation incident on a military flight to Afghanistan and perjury at the enquiry into the incident.
R v Yvonne Caylor. 2016 Crown Court at Luton A case of murder in which a woman disguised herself as a man and murdered her sister to prevent her from giving evidence against her.
R v Cahill and McCann. 2016. Central Criminal Court A case arising from the sexual and physical abuse in the 1960s of very many children at a boys' home in Shefford, Bedfordshire.
R v Amanda Young. 2016. Crown Court at Bristol. Nurse charged with gross negligence manslaughter following the over prescription of a toxic drug.
R v Dr Errol Cornish and Maidstone and Tunbridge Wells NHS Trust. 2016. ILCC The first ever prosecution of a NHS Trust for an offence of corporate manslaughter.
R v Williams 2014. Central Criminal Court. A case of murder by a man of his partner which was witnessed by two infant children; the youngest ever witnesses to give evidence in a murder trial at the Old Bailey.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester R v Jamie Chivers and others. 2014. Central Criminal Court A case of gross negligence manslaughter arising from the misuse of DNP as a dug to aid weight loss.
R v David Burgess 2012. Crown Court at Reading A case of murder committed in 1966 by a serial killer, revived by the use of DNA technology.
R v Radoslaw Bielawski. 2012. Crown Court at Reading. Case of manslaughter arising from a fatal RTA on the M40 in a "crash for cash" conspiracy.
R v David Chatwood and others. 2012. The Central Criminal Court. The staged robbery of gold bullion in Belgium and the smuggling of the ingots into the UK.
R v James Evans and others. 2011. Crown Court at St Albans Case of murder where the body of the deceased has never been found
R v Kay Gilderdale. 2010. Crown Court at Lewes A case arising from an alleged act "mercy killing" by a mother of her disabled daughter.
R v Mark Weston. 2010. Crown Court at Reading. [The first ever case of a man being retried for murder after an acquittal at his earlier trial.
R v Benjamin Geen. 2006. Crown Court at Oxford A nurse at Banbury Hospital charged with offences of murder and GBH arising from injections of dangerous drugs illicitly administered to elderly patients in A & E.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester https://www.23es.com/barrister/cairns-nelson-qc/
Cairns Nelson QC Contact Cairns's Clerk: 1987 / (Bar) QC 2010 / (Silk) [email protected] 0207 413 0353
"An incredibly hard-working barrister. He
is a fabulous jury advocate"
CHAMBERS AND PARTNERS - - FINANCIAL CRIME 2021
"Cairns is a deeply impressive individual -
he has an air of calm, measured assurance
which tends to puts clients, both
professional and lay, at ease and gives
him real authority and presence in Court. PROFILE This is backed up with tremendous ability.’" Cairns Nelson QC has specialised in financial crime for many years. He was LEGAL 500 2021 - FRAUD appointed Standing Counsel to HMRC 2006-2010 and prosecuted major tax fraud and arms control/sanctions cases. Since taking silk in 2010 he has "He relates equally well with high court defended and prosecuted in the full range of major complex fraud and judges as he does with lay clients and jury. money laundering cases and ranked in Chambers and Partners Band 1 His attitude to client care is second to none. Financial crime. Many silks can be rather "hands-off" when
it comes to interacting with lay clients but
He has maintained a practice defending and prosecuting high profile, often this is certainly not true of Cairns who is organised crime or gang related murder cases. careful to make his client feel an important
part of the process. This natural ability to
He is also highly experienced in the fields of regulatory discipline, powers of interact with others translates into him search and seizure, confiscation /asset recovery and consumer protection being a most impressive and relatable jury legislation in the criminal and civil context. advocate."
LEGAL 500 2021 - CRIME
Mr Nelson QC has also appeared on a number of high profile murder trials "A proper advocate who gets to the heart including defending in the Manchester A Team case involving the shooting of cases, bringing juries with him." of rival gang members including a young child, LEGAL 500 - FRAUD
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester PROFESSIONAL MEMBERSHIPS
Standing Counsel HMRC 2006-2010 SFO A list panel 2005-2010 Recorder 2006 Joint Head of Chambers 2015-to date Bencher Gray's Inn 2017 Criminal Bar Association Fraud Lawyers Association
FINANCIAL & CORPORATE CRIME
Mr Nelson QC has advised and appeared in all forms of cases involving allegations of tax fraud; SIPP pension fraud and RAS (relief at source) fraud, sideways tax relief fraud (environmental and film); VAT cases (MTIC and false return cases); duty fraud including outward and inward duty diversion cases; income tax and other direct tax fraud including advising on COP8 and 9 settlements with the Revenue. He has also defended in a major and lengthy Care Home fraud as well as defending in boiler room frauds and the full range of advanced fee and Ponzi frauds .
Nr Nelson QC has been advising numerous clients re 'Hansard' settlements with Revenue.
He prosecutes for Trading Standards in publishing fraud and energy fraud scams. He recently prosecuted a multi handed election fraud on the Isle of Man.
He advises Jersey advocates on money laundering cases often involving in allegations of laundering proceeds of alleged UK tax evasion.
He has appeared in many cases involving allegations of breaches of Control Orders and Export prohibitions/sanctions orders relating to military grade equipment.
Search and Seizure:
He advises on challenging search warrants and production orders and pursuing return of property orders under the provisions of section 59 CJPA
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester 2001.
Consumer Protection:
He appeared for the OFT (as it then was) in High Court proceedings to stop the sale of black market and counterfeit tickets.
Notable Financial & Corporate Crime cases
Advising and representing a Premier League Football club. Early stages of a tax investigation including the successful challenge to the retention of materials seized by the Revenue under a warrant.
R-v-LB Defended in a 1 year long trial at Liverpool Crown Court involving allegations of conspiracies to defraud wealthy residents of a nursing home.
R-v-A and another. Alleged Ponzi fraud of £25m at Isleworth Crown Court trial.
R-v-IS Defended allegations of a conspiracy to cheat the Revenue involving environmental and film sideways tax relief schemes.
R-v-B Defended allegations of conspiracy to cheat and defraud the Revenue in a SIPP RAS fraud allegation.
R-v-S Sideways tax relief fraud allegation - environmental reliefs , defendant acquitted of tax fraud but convicted of misleading the Revenue. Dealt with POCA restraint and confiscation aspects.
R-v-M and others Relief at Source pension tax fraud allegation and the operation of a SIPP . Defendant acquitted Birmingham Crown Court.
REGULATORY
Prosecuting major and multi-handed Trading Standards Fraud trials for Local Authorities.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester Notable Regulatory cases
R-v-R and others 2019 Allegation of National fraud on 100's of small businesses in relation to energy bills.
R-v- Rivers and others. National large fraud on 100's of small businesses conned into paying for bogus advertising.
CRIME
Cairns has defended in dozens of murder cases often involving allegations of OCG connections. Some recent examples of major multi handed murder cases involving complex mobile phone cell site and CCTV evidence are set out below:
Recently he defended in the Manchester A Team case involving the shooting of rival gang members including a young child see https://www.bbc.co.uk/news/uk-england-manchester-47911192
He defended in the Moss Side/ Ardwick gangs revenge killings https://www.manchestereveningnews.co.uk/news/greater-manchester-ne ws/gang-handed-life-sentences-murder-15112060
He defended a 17 year-old in a gang related murder case involving a cut throat defence. https://www.kentonline.co.uk/medway/news/teens-jailed-for-brutal-murd er-184614/
He appeared for one of the defendants in an allegation of a drive by execution murder in the Wythenshawe area . https://www.manchestereveningnews.co.uk/news/local-news/stuart-horne r-jailed-for-shooting-dead-688316
Notable Crime cases
R-v-MA Defended man at trial accused of murdering grandmother and attempting to murder another at Birmingham Crown Court.
R-v-SD
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester Defended youth accused, along with 6 others, of the murder of a youth in Gillingham.
R-v-RI Defended young man accused with 6 others of the murder of a youth in Moss Side at Manchester Crown Court.
R-v-K and others - Defended accused at trial of multi-handed allegations of conspiracy to murder relating to Salford A Team gang rivalry at Manchester Crown Court.
INQUESTS AND INQUIRIES
Cairns has had extensive experience of assisting with Inquiry work and reviews concerning the conduct and practices of HMRC during his period as Standing Counsel for the AG (Revenue and Customs).
For instance he spent 18 months assisting the Butterfield Review conducted by Butterfield J which was an inquiry into the London City Bond fiasco and how it was that Judges had been misled on PII applications and why informants and CHIS and not been properly handled or registered.
Thereafter he spent 4 years conducting an inquiry and investigation on behalf of the AG into the safety of convictions that were linked to the London City Bond issues. This involved reviewing vast amounts of material including CHIS records and transcripts of trials to identify where Courts and Judges and been misled or where there had been failures in disclosure and to bring such issues to the attention of defence solicitors and the CACD.
For approximately 18 months, he advised the Attorney General and HMRC on the conduct of past investigations into Bureau de Change and money laundering. This involved an examination of the handling, registration and record keeping relating to CHIS and HUMINT sources at these Bureau and the subsequent disclosure of the status of these individuals during prosecutions.
Subsequently he was instructed by HMRC to advise on the scope of and content of any inquiry into the historic interception of mail by the HMRC that had been done without lawful authority because of an unintended error of wording in the statutory language. He advised on the scope of the enquiry in past cases and the need to ensure disclosure in all current and
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester future cases.
Over the years he has represented parties at Inquests including bereaved families and also drivers involved in fatal RTAs.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester https://www.23es.com/barrister/charles-miskin-qc/
Charles Miskin QC Contact Charles's Clerk: 1975 / (Bar) QC 1998 / (Silk) [email protected] 0207 413 0353
"Shortlisted by The Legal 500 for Crime
Silk of the Year 2019"
LEGAL 500 - CRIME
"He is extremely bright and has
impeccable judgement”, “tough and
formidable”; “One day after picking up the
case, he knows all the details. When in
court he has great presence”; “a
persuasive advocate”; “meticulous and PROFILE always gives sound advice in the client’s best interest”; “a good man to use if your Charles Miskin QC, formerly Head of Chambers, is a very well-recognised back is against the wall”; “a fantastic silk who provides advocacy and advisory services across the whole intellect”; and that he can “take a case that spectrum of criminal law. He was shortlisted by the Legal 500 for Silk of the is utterly hopeless and turn it around”; Year 2019 where he is ranked in Tier 1 - Fraud: Crime. He is also ranked in “very thorough and masters complex issues Chambers and Partners. quickly."
LEGAL 500 - FRAUD Those leading directories say and have said of Charles Miskin QC that he is:
"A silk with charm and panache"; "A man of long experience who is "A man of long experience who is charming and utterly engaging"; "not afraid to argue forcefully with the charming and utterly engaging."
Court in the finest traditions of the Bar"; "he is extremely bright and has CHAMBERS AND PARTNERS - FINANCIAL impeccable judgement", "tough and formidable"; "One day after picking up CRIME the case, he knows all the details. "When in court he has great presence"; "a "Not afraid to argue forcefully with the persuasive advocate"; "meticulous and always gives sound advice in the court in the finest traditions of the Bar. " client's best interest"; "a good man to use if your back is against the wall"; LEGAL 500 - CRIME "a fantastic intellect"; and that he can "take a case that is utterly hopeless and turn it around"; "very thorough and masters complex issues quickly" and "extremely bright with impeccable judgment".
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester His core practice consists of cases of complex fraud, corruption and money-laundering together with all forms of POCA actions: confiscation, international restraint and other forms of mutual legal assistance, warrants, civil recovery; and asset and account forfeiture. He has considerable expertise in tax crime, originally obtained during his time spent as Standing Counsel to the Inland Revenue.
At the same time, Charles Miskin QC has always maintained a national and international practice in really serious general crime, both defending and prosecuting. He also has a strong track record in public law, human rights, appellate, regulatory and tribunal work.
Charles Miskin QC is hard working, innovative and imaginative and always keeps his sense of humour. He gets on with people and works well with a team. He inspires confidence in his clients whose interests he fearlessly promotes.
Appointments:
Assistant Recorder of the Crown Court 1991-1998; Standing Counsel to the Inland Revenue 1993-1998; Recorder of the Crown Court 1998; Queen's Counsel 1998; Bencher Gray's Inn 2004; Called to the Bar of the Cayman Islands for specific cases since 1989; Appointed to the SFO List of Silks 2010 and re-appointed 2017
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester PROFESSIONAL MEMBERSHIPS
CRIME
Charles Miskin QC has long been regularly engaged to prosecute and defend in serious criminal cases mostly but not exclusively concerning homicide. In that regard he has the advantage of very considerable knowledge in some of the key fields (a) forensic pathology (b) DNA and (c) psychiatry. His experience in the first is evidenced by his instructions to lead for the Home Office in front of the Pathology Board in the successful disaccreditation proceedings against the pathologist Dr Heath which concerned the misleading evidence that he gave in two murder cases. In the second, he led for the defence in the Bates and Garside contract killing which investigated, at his suggestion the statistical analysis and admissibility of mixed DNA profiles. In the third by his defence in the case of a woman suffering from autism spectrum disorder and PTSD who killed her mother.
Recent cases have included the murder of the midwife, Samantha Eastwood by Michael Stirling; the killing of her mother by Charlene Sargeant (now reported on the issue of loss of control); the murder of Arshad Ali who died of injuries 6 years after their infliction; a prosecution which required the leave of the Attorney-General; the gangland shooting of a rival in Liverpool; the murder of a woman by her husband who killed her by deliberately driving them both into the trees off the M1 at 80mph; the death of a lorry driver who died when he crashed into the back of another lorry: his employers were prosecuted for gross negligence manslaughter, health and safety offences and tax evasion. He has defended in several one punch deaths all of which have required intensive pathological scrutiny. He appeared last year in the case of two men charged with deliberately administering GHB to a series of homosexual men, one of whom died so as to steal from them when they were rendered unconscious.
He also has experience of environmental crime (a catastrophic release of toxic materials into the River Slea) He has also appeared for both Yorkshire Water and Mid-Kent Water in a series of cases brought by the Drinking Water Inspectorate.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester In a separate field, he appeared for the Crown in the successful prosecution of the Slough election fraud.
In the Cayman Islands in the last four years years he has appeared in the Court of Appeal in what became the benchmark case relating to the minimum term legislation in murder cases. He has appeared in two other cases under that minimum term legislation identifying in one the absence in the Cayman Island of the provision for a whole life term (to the advantage of his client) which loophole had to be subsequently closed by legislation; and in the other securing the lowest minimum term ever set. He was also instructed in the UK for a Cayman life prisoner who had been removed to the UK by order of the Secretary of State and whose case was referred to the High Court under S273 CJA 2003 for re-sentencing.
Notable Crime cases
R v Juan González Infante (Cayman Islands 2020) After his successful defence earlier this year of Kody Zander in the 5 month gold laundering trial (see Financial Crime profile) he was instructed to defend the captain and chief pilot of the Cessna 550 that had brought the gold into Cayman in his follow-on trial for smuggling bulk cash - which had been concealed under the floor panels. He successfully persuaded the Court on human rights grounds that the burden on the accused in smuggling was evidential only and went on to secure his acquittal by demonstrating that the prosecution had misled themselves as to scope of the duties on charter pilots under the Chicago Convention. The hearings which were spread over 4 months were conducted by ZOOM.
R v Brandon Dunbar and Gerry Matovu (Central Criminal Court 2019) Defending in 8 week trial at CCC in which allegations concerned homosexual chemsex hook-ups leading to death of one and near death of another where multiple victims were drugged using GHB; defendants had been supplier and his boyfriend of GHB to the serial killer Stephen Port. He has successfully obtained leave to appeal the sentence.
R v Drew Wilkinson (Preston Crown Court 2019) Defending in knuckleduster assisted one-punch murder case. The Defendant was convicted of manslaughter only.
R v Osbourne Douglas (High Court 2019) Acting for Caymanian convicted of murder who had been transferred to the UK to
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester serve his sentence here. This was a very rare example of the use of the jurisdiction conferred by Section 2 of the Colonial Prisoners Removal Act 1881 and Section 273 CJA 2003 requiring a High Court Judge to set a tariff here.
R v Dana Abdullah (Stafford Crown Court 2019) Defending in murder by an illegal immigrant paedophile who killed his wife.
R v Darren Barnes (Wolverhampton Crown Court 2019) Defending in murder of vulnerable man in his own home.
R v Osbourne Douglas (Cayman Islands Court of Appeal 2018) Appeal to Cayman Island Court of Appeal against conviction and sentence in gangland execution murder. It is now the leading case on murder tariffs in Cayman.
R v Atkinson and Boyle (Inner London Crown Court) Prosecuting a double jeopardy murder in a St Pancras Hostel. There was a significant medical causation issue with defendants who had been convicted of GBH in 2010 now being tried 8 years later for murder
R v Michael Stirling (Northampton Crown Court 2018) Defending in the murder and concealed burial of midwife Samantha Eastwood. This case and its investigation gripped the nation on several occasions in 2017 and 2018. The case required intensive review of the pathology.
R v Charlene Sargeant (Stafford Crown Court 2018) Defending in the killing of mother by daughter, suffering from ASD and PTSD, and then the subsequent appeal - now reported (in CACD) as leading case in respect of defence of loss of control
R v Raziel Jeffers (Cayman Islands Grand Court 2018) Acting for man convicted on two previous occasions of gang related homicides under the Conditional Release law.
R v John Gouldbourne (Cayman Islands Grand Court December 2017) Acting for man convicted of murder in 2006 and now appearing under the then new Conditional Release Law which requires the Court to fix a minimum term to be served before parole may be considered. Achieving the lowest minimum term yet set.
R v Luke Kendrick (Liverpool Crown Court 2016) Defending man charged with gang related shooting
R v Luigi Dalli (Manchester Crown Court 2016) Defending man charged with attempting to kill his ex-girlfriend's lover by hiring two brothers to do it and then, once they failed trying to persuade a fellow prisoner to do the same.
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester R v Hasham Ali (Leamington Spa Crown Court 2016) Achieving acquittal of murder of man accused in Coventry night club stabbings
R v Ian Walters (Leicester Crown Court 2015) Successful prosecution of man for murdering his wife by driving them both off the M1 into the trees at 80 mph
R v Patrick Conway (Kingston Crown Court 2014) Defending 21st birthday man convicted of one punch manslaughter
R v Jack Huxley (Liverpool Crown Court 2013) Instructing to appear for a young man who stabbed his step-grandmother to death in a 'sexually motivated' attack after watching hard-core pornography online.
R v McMurray and McMurray [St Albans Crown Court 2013] Successful multi-agency prosecution of the owners of a haulage firm in Daventry for the gross negligence manslaughter of one of their employees; Health and Safety and tax offences.
R v Joel Elliot [Lewes CC 2012] Defending in murder case - acquitted of murder and manslaughter, in what was a drug related incident
Environment Agency v Marque Technology & Others [Lincoln Crown Court] Prosecuting for the Environment Agency a Category 1 pesticide pollution incident on the River Slea.
Charles Miskin QC has also appeared for water and sewerage undertakers (Yorkshire and Mid-Kent Water) in the Magistrate's Crown and Divisional Court and the Court of Appeal in litigation against the Drinking Water Inspectorate.
R v Leeds Stipendiary Magistrate ex parte Yorkshire Water Services Ltd (High Court (Crown Court) and Div. Court) Delegated authority to prosecute application of the "Carltona" principles - meaning unfit for human consumption.
R v Yorkshire Water Services [2002] 2 Cr App R (S) 7 (CACD) Sentencing in dirty water cases
R v Benjafield [2002] 1 AC 1099 (CACD and House of Lords) Acted for the appellant in the principal challenge to the compatibility of the confiscation process in drugs cases with the human rights legislation.
FINANCIAL & CORPORATE CRIME
Charles Miskin has been engaged in the prosecution and defence of
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester business crime of all kinds since the 1980s but there has always been a particular emphasis on tax fraud, for example advising individuals named in the Paradise Papers and, recently, a tax advisor on his exposure to risk in relation to disguised remuneration schemes.
He has had a role in many of the recent major income tax cases; he led the successful prosecution of the flagship tax case (Operation Amazon) and has defended two of the largest VAT cases. He regularly advises on POCA, Civil Recovery, Asset Forfeiture and related matters. Last year he successfully litigated the return of a high percentage of £2.6million owned by an Iranian family which had been frozen by HMRC using an Account Freezing Order.
Very recently he successfully completed the defence of a Cayman businessman after a five month trial there. In those proceedings he identified a key and hitherto unnoticed feature in the local Proceeds of Crimes Law arising from an amendment made in 2017. It seems likely that a legislative change will follow.
He is currently instructed by the non-UK respondent to a multi-million pound property freezing order and disclosure order obtained in the High Court by the SFO which arises out of the international Petrobras corruption investigation.
He is familiar with international restraint matters having in the past been instructed in the Al-Zayat litigation, concerning the sale of an Airbus by the Sultan of Brunei to the Iranian Government and in which he successfully appealed the decision of the Crown Court judge. He appeared for the Antiguan liquidators of the Stanford International Bank at the Central Criminal Court where he discovered the material non-disclosure. He has appeared in the Supreme Court against the FSA on a point of construction which he identified relating to the powers to prosecute. He was instructed by the Director of the SFO to advise on specific matters relating the Alstom corruption case. He has prosecuted two major SFO cases.
He has acted as independent counsel for the purposes of the review of privileged documents seized in searches. He is an expert on disclosure (Operation Amazon) and on warrants (appearing in the Golfrate corruption litigation concerning a Zimbabwean businessman) In the past he has been instructed by Lloyd's of London to assist in regulatory enquiries in relation
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester to the brokerage of risk in arms related matters, in the domestic motoring market and in the placing of Venezuelan re-insurance contracts
Notable Financial & Corporate Crime cases
R v Kody Zander (Grand Court, Cayman Islands 2020) Conducted the successful defence of a precious metals broker accused of being the lynchpin in a system of laundering supposedly narco-gold worth millions of dollars which was flown into the islands on private planes from Venezuela and elsewhere for onward export to a refinery in Switzerland, some of which was intercepted at Heathrow.
The four month trial was a product of a joint RCIPS/NCA/FBI investigation and a flagship prosecution for the Islands which are under serious scrutiny by the Caribbean Financial Action Task Force. During the trial he developed submissions on what may have been a major flaw in the local legislation.
Re XX (Admin Court 2020) Instructed by Brazilian multi-millionaire in property freezing and disclosure order proceedings brought by SFO in respect of high value property in London owned by him and acquired allegedly using monies he corruptly acquired whilst playing a pivotal role in the Petrobras (Brazilian national oil and gas company) scandal which toppled the country's President; this is part of an international and co-ordinated attempt by the SFO and other authorities to recover hundreds of millions of pounds
Re: V Ltd He successfully compromised a multi-million pound account forfeiture application brought by HMRC.
Instructed by an Iranian businessman, living in Germany, the money had been filtered into Dubai from Iran and then to the UK allegedly using the hawala system.
This was amongst the first applications (and the first major) brought by HMRC using the new account forfeiture powers introduced by the Criminal Finances Act
Operation Amazon (Southwark Crown Court 2017) Until 2017, his practice was dominated for many years by his role as leading counsel for the Crown in R v Michael Richards and 7 others (Operation Amazon), the successful flagship HMRC/CPS investigation and prosecution of an immensely complex tax-incentivised international investment scheme.
This was the largest direct tax investigation undertaken by HMRC and a flagship
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester prosecution for HMRC and CPS. The defendants sold a tax scheme to 730 investors which pretended to be an attractive eco-driven investment in third world reforestation, but was actually designed to cheat the UK of huge amounts of tax. The tax placed at risk was over £107 million. £20 million pounds was siphoned off by the defendants via secret money box accounts in Switzerland and elsewhere. Because of the abundance of the materials and complexity of subject matter, presenting such as case was a unique physical and intellectual challenge. Advanced graphical techniques were used to explain the evidence to the jury. Cutting-edge digital assistance was employed with each juror being provided with an iPad on which they had perhaps 20,000 pages of evidence, schedules and legal directions.
Charles Miskin was originally instructed to advise HMRC in 2007 and to prosecute in 2008. He wrote most of the 1500 page prosecution case statement. The proceedings eventually included a hearing on public law issues in the Administrative Court, an appeal on disclosure heard by the CACD - now the leading case on disclosure and e-disclosure R v R and Others [2015] EWCA 1941- and a 9 month trial at Southwark Crown Court, in which the prosecution opening speech lasted 14 days, probably the longest in a criminal jury trial for over 50 years.
R v Robert Aspinall (Cayman Islands Court of Appeal November 2016) A Deloitte liquidator secretly set up companies to enable him to open bank accounts into which monies stolen in the course of liquidation were paid under the guise of being payments for services to the liquidator provided by apparently genuine third parties. The prosecution appealed his sentence by the Grand Court on grounds of undue leniency, stating that the issues were of fundamental importance to the integrity of the financial services business on the islands. Charles Miskin was retained by the defence to resist this appeal. In this precedental case the Court of Appeal accepted his submissions and denied the prosecutor's appeal.
OTHER LESS RECENT WORK: This includes a challenge in the Supreme Court (within the context of an insider dealing case) to the power of the FSA to prosecute offences other than ones prescribed by FSMA 2000 (R v Rollins); prosecuting a mixed gross negligence manslaughter and tax case (McMurray: see under General Crime section); a challenge by liquidators of the Stanford International Bank to an international restraint order; advising in three very large direct tax enquiries, including an investigation of a Building Society; defending in two very large VAT carousel cases (Operations Inertia and Vex); advising the SFO in the very high profile international bribery case (Alstom); advising in VAT tribunal cases; advising in a number of money laundering and civil recovery matters; acting as independent counsel for the purpose of vetting seized materials for legal professional privilege; and defending in a case where the Land Registry was allegedly defrauded of £8 million by the procurement of a fraudulent transfer of a property to the Candy brothers; acting for the SFO on the application by Iranian Judge for restraint of monies arising from alleged fraudulent $120 million purchase of airbus by Iran from the Sultan of Brunei: (Fouad-Al-Zayat: Director of SFO v A [2007] EWCA Crim. 1927 and Al
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester Zayat [2008] EWHC 315 (Crim))
(Kharbari v Khan Preston District Registry) - He appeared for claimants in a civil action, closely akin to fraud and obtained a judgment for £100 million against a defendant whose defence he successfully applied to strike out as an abuse of process
Election Fraud He conducted the successful prosecution of 6 men charged with the Slough local government election fraud - rigging the postal ballot. He successfully defeated the appeal brought in front of the LCJ.
PROFESSIONAL DISCIPLINARY
Charles Miskin has appeared before the Professional Conduct Committee of the General Medical Council, the Solicitor's Disciplinary Tribunal, police and Lloyd's disciplinary tribunals
Notable Professional Disciplinary cases
Re a Police Officer (Disciplinary Proceedings 2013) Appeared for an undercover senior police officer accused of corruption in 4 week proceedings
Dr Heath v The Home Office Policy and Advisory Board for Forensic Pathology [2005] EWHC 1973 Admin (Constitutionality of Discipline Proceedings) The subsequent disciplinary proceedings which he conducted on behalf of the Home Office were reported on the internet:
LONDON: 23 Essex Street, London WC2R 3AA, DX148 Chancery Lane
MANCHESTER: Century Buildings, Waterhouse, 2nd Floor, 41 Spring Gardens M2 2BG, DX 303434 Manchester