Overview
Barnaby is a barrister with specialist expertise in all types of asset recovery and financial crime (both criminal and civil). He works on all circuits in England and Wales, as well as being regularly instructed on international matters. He is regularly instructed as a Junior alone or as a leading Junior in complicated matters. He represents Defendants, third parties, and a range of law enforcement agencies (including the SFO, HMRC and the NCA).
Barnaby prosecutes and defends in regulatory and financial crime matters, which have an asset recovery element. This includes being instructed on a series of high profile private Prosecutions for the Royal Mail Group and he is regularly instructed by the Environment Agency.
He is regularly instructed in the full range of civil recovery matters (including High Court proceedings, Account Freezing and Forfeiture Orders, Asset Detention and Freezing Orders, and Cash Detention and Seizures). He is regularly instructed in complicated Confiscation Proceedings often taking over from previous trial counsel. He also is instructed by Third Parties asserting interests in POCA proceedings (either at the confiscation hearing or at the Enforcement Receiver stage). He recently represented the SFO in their first contested application for Account Forfeiture Order. The application was successful, and approximately £7,000,000 was ordered to be forfeited. It is currently being appealed.
He regularly gives seminars and writes articles (see links) on all aspects of POCA, as well as working with academics to study the way that POCA 2002 can be developed and reformed. This includes lecturing extensively on the way Cryptoassets are treated under POCA and the new reforms which will allow Cryptoassets to be frozen and forfeited.
He is ranked in Chambers and Partners and the Legal 500, Band 2 & Tier 2, for his expertise within asset recovery matters. Barnaby has contributed to publications on International Asset Recovery and Terrorism Finance.
Barnaby's 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 previously worked in the Caribbean for 18 months (2014 to 2016), enforcing Confiscation orders, as well as helping countries increase their ability to use Asset Recovery Legalisation. Subsequently he has assisted countries in drafting Asset Recovery Legislation, as well as advising on how it should be implemented.
Additional information
Direct Public Access
- Barnaby accepts Direct Public Access instructions in appropriate matters.
Lecturing, Teaching & Writing
- The Advanced Institute of Legal Studies Financial Regulations School: Professor in Practice (2020 - 2022). He is now a Fellow of the AILS.
- Middle Temple advocacy teacher on Pupil and NPP courses.
- Teaches Advocacy on the Dutton International Advocacy Course
- Teaches Advocacy for the Inns of Court College of Advocacy.
Professional panel & Judicial appointments
- Serious Fraud Office (SFO) Panel Counsel: POCA & General Prosecutions list: (Band A).
- The London Boroughs Legal Alliance panel (Band A).
- Crown Prosecution Service advocate panel, including the specialist Proceeds of Crime panels (Grade 4).
- Specialist Advocate Panel Counsel, Health & Safety Executive (HSE: Panel B).
- Sits as a First Tier Tribunal Judge (immigration) (2019- present).
- Sits as an Assistant Coroner in Inner West London (2022 – present).
- Legally Qualified Panel Chair for the British Equestrian Federation and England National Boxing (2021 – Present).
Education and Awards
- Called to the Bar 2006 (Middle Temple).
- LLB: University of East Anglia.
- BVC: College of Law.
- Harmsworth Scholarship.
- The Blackstone Entrance Exhibition.
- Accommodation Award.
- South Eastern Circuit Florida Advocacy Scholarship.
- Dutch-Anglo Bar Exchange (2012 – Bar Council.)
- Keble Advanced Advocacy Course (2012 – Middle Temple).
Asset Forfeiture, Confiscation & Civil Fraud
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 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.
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 £26million. He regularly appears for interested parties asserting their interest in asset recovery proceedings.
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 has previously spent 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.
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, MTIC and has experience of high-profile frauds.
Business Crime & Financial Regulation
Barnaby's asset recovery work is closely linked to his work with businesses dealing with internal and external investigations, in the full range of white-collar offences, but particularly money laundering regulations and money laundering offences.
Barnaby has an in-depth knowledge of the Bribery Act and is able to advise on the criminal and regulatory aspects of the Act. He has written several articles on the subject.
Barnaby also has experience and knowledge of Deferred Prosecution Agreements. He has a particular interest in how these will be used in connection with Bribery Act prosecutions.
Professional Discipline & Regulatory
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), Nurse and Midwifery Council (NMC), the British Association of Counselling and Psychotherapy (BACP) and the British Psychoanalytic Council (BPC). 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 forms of regulatory hearings. Barnaby has extensive experience advising on appeals from statutory and non-statutory bodies. This complements his experience in the High Court in this, and other areas. Barnaby has been instructed to draft the Fitness to Practice procedures for the BPC and BACP. He is regularly asked to provide advice on procedures and policy from a number of bodies.
Barnaby has dealt with a number of complicated legal issues, such as bias, abuse of process and half-time applications. He also regularly deals with vulnerable witnesses and a variety of expert witnesses. Barnaby sits on regulatory panels and through his other regulatory work, he has a wide range of experience in all aspects of professional disciplinary law.
Sports 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 their 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.
Professional Memberships
- Proceeds of Crime Lawyers Association (POCLA).
- Criminal Bar Association (CBA).
- Association of Regulatory & Disciplinary Lawyers (ARDL).
