TMC COVID-19 HUB: Legal Information and Support
Areas of Practice:
Simon undertakes the detailed analysis of the financial history of businesses where fraud is suspected to have occurred, with a view to civil litigation or private prosecution. A particular feature of this work is the involvement of UK clearing banks in the unlawful manipulation of SMEs.
He has advised in a large number of high-profile cases with values ranging from £5 million to £1.4 billion and is experienced in issues relating to corporate governance (not least as a Member of Parliament from 2010 to 2015 when the national media described him as the “secret weapon” of a Select Committee that had “more direct hits than the Department of Business Innovation and Skills, the FCA and the London Stock Exchange combined”).
Simon has a wide experience of the conduct of private prosecutions on behalf of individuals, businesses and national organisations.
In this context Simon also advises the All Party Parliamentary Group on Fair Business Banking.
Simon provides advice in his capacity as standing counsel to WhistleblowersUK. He also acts for individual whistleblowers facing persecution and seeking justice in relation to their protected disclosures.
In the field of criminal law Simon has an established defence practice in the Crown Court and Court of Appeal (Criminal Division), including cases of murder, manslaughter, terrorism, serious sexual offences and fraud (first degree in Economics including accountancy). He is a Grade 4 prosecutor and accredited rape specialist for the North Eastern Circuit and Inner and Outer London and provides pre-charge advice to CPS NE and CPS SE in cases involving serious sexual offences and homicide
Simon is one of the most experienced Military Law barristers in the UK dealing with Courts Martial, AGAI proceedings and Service Complaints.
He is also the Editor of Westlaw Courts Martial On-line.
Pakistan International Airline Corporation v. Times Travel (UK) Ltd [Judgment awaited]
Sevilleja v. Marex Financial Ltd  UKSC 31
JUDICIAL COMMITTEE OF THE HOUSE OF LORDS
Jones v. Whalley (The Times 31 July 2006) The leading authority on the commencement of a private prosecution rather than seeking review of the decision not to prosecute by a public body.
COURT OF APPEAL (CRIMINAL DIVISION)
R v Mashuk et al (2019) Comparison of sentencing guidelines in respect of fraudulent trading and fraud per se. R v Mackey distinguished.
R v. Ainsworth (The Times 13 September 2006) The authority regarding the relevance of intent to kill as an aggravating feature in a case of murder (see paragraph 10 of Schedule 21 to CJA2003).
• R v. Omokaro et al. Human trafficking for the purpose of sexual exploitation – 14 and 15 year old girls trafficked from Nigeria
• R v. S Rape and sexual assault of children by Imam during teaching sessions.
• R v. P. Rape of child by teenage relative.
• R v. B. Historic allegations of rape over three generations of one family.
• R v. L and Others Prosecution of 14 year old for causing death by dangerous driving of 8 year old child.
• R v. H Issue of gross negligence manslaughter as between taker of drug overdose and ‘friend’ who provided false address to emergency services.
• R v. G PSV driver who killed and injured pedestrians.
• R v. Hussain Leading Junior in eight-week terrorism trial of group accused of using aid convoys to Syria to smuggle weapons, equipment and funding to anti-Assad forces.
• R v. Large Leading Junior in conspiracy to murder. Ten-week trial as to whether defendant hired assassin to murder his male partner and business partner (‘business’ was supply of Class A drugs) so that he could begin relationship with new girlfriend.
• R v. Pickard (Appeared alone). Murder of ex-partner in front of their child. Complex evidence regarding strangulation
• R v. Ainsworth (Appeared alone) Double manslaughter and death by dangerous driving caused by coach in dangerous condition failing on steep hill and killing occupants of car at bottom.
• R v. Toon Leading Junior in a 12 handed ‘super grass’ case. Allegation of conspiracy to supply Class ‘A’ drugs throughout North of England. Instructed for one of main three defendants. Legal argument for 3 ½ months culminated in a stay of the indictment due to inadequate preservation and disclosure of evidence.
• R v. Cameron Leading Junior in trial arising from the riot at HMP Lincoln. Listed as eight-week trial. Most significant ‘C’ Wing prisoner charged with Prison Mutiny and section 18. Case generated nearly 20,000 pages of material.
• R v. Smith Leading Junior representing man described as “Britain’s worst ever paedophile” after campaign of rape and sexual abuse against over 20 family members from the early 1950’s until 1992. Successfully argued that a determinative sentence had to be imposed as voluntary cessation of offending in 1990’s precluded definition that he was dangerous.
• R v. McKenzie Leading Junior representing elderly man accused of the manslaughter of his wife. She was discovered dead outside the matrimonial home having been left outside for most of the night. Causation defence. Crown offered no evidence after submissions re expert evidence.
• R v. O’Keefe Manslaughter, issue as to whether fatal attack of epilepsy could have been caused by heated argument prior to physical contact with deceased. After submissions on conflicting medical evidence Crown offered no evidence.
• R-v-Worsnop ‘Dead’ and ‘ghost’ account fraud within a national clearing bank. Led by QC who withdrew through illness early in prosecution case and so majority of trial appeared alone.
• R-v-Taylor Fraudulent transfer and dispersal of large scale funds within nationally known insurance company. (Also Costs authority of status of cross-served documentation in fee claims for POCA cases).
• R v. Russell £2m+ ‘Cisco Board’ fraud.
Court Martial Cases:
COURTS MARTIAL APPEAL COURT
• R v. Ball and Rugg (The Times, 17 February 1998) The authority on the actual disparity between apparently equal sentences of prison and corrective detention.
• R v. Preece  All ER (D) 96 Defines parameters for sentencing in cases of absence without leave
• R v. Armstrong  EWCA Crim 83 Instructed for a high profile defendant at appeal when prosecution sought to appeal against terminatory ruling.
• R v. Blaymire Leading Junior defending a TA soldier facing court martial for manslaughter having shot dead his Troop Sergeant whilst on active service in Iraq. Acquitted after a 6-week trial. Case turned on military’s lack of compliance with mandatory training requirements as set out in Army Operational Shooting Policy.
(Type ‘Reevell’ and ‘Blaymire’ into Google and search the web (not just UK pages) to see what emerged during this case about the war in Iraq; when decisions were actually made by government and how much the MoD really cared about the pre-deployment training of the TA.)
• R v. D, G and S Defendants in the trial of instructors at AFC Harrogate. All acquitted and additional second trial of D not pursued after legal argument.
• R v. Hetherington et al For the leading defendant in the series of trials following the BBC panorama programme’s allegations of systemic bullying at the Infantry Training Centre Catterick. Acquitted after second trial.
• R v. Clemie Leading Junior. Smuggling of weapons back from Iraq to sell to organised criminal gangs in Germany. Proceeds used to buy Class A drugs to sell to serving soldiers. Only defendant to be acquitted when prosecution forced to abandon case after submissions re witness impropriety prior to re-trial after initial 5 week trial.
• R v. Cooper Relevance of psychiatric evidence of post –operational PTSD to ‘reasonable excuse’ aspect of absence charge.
• R v. Ferguson Defence of adult charged with historic rape and tried by court martial because was the son of a service family an offence alleged to have occurred on Sovereign Base on Cyprus. Article 6 issues as tried by 6 MOD civilians rather than 12 randomly selected jurors. Stayed as abuse of process but ruling overturned on interlocutory appeal. Acquitted at conclusion of trial.
• R v. A. High profile defence of leading accused following allegations made by Afghan nationals against British soldiers.
• Restoring Local Justice (Politeia – 2014)
• Freedom, Responsibility and the State (Politeia - 2012)