David has represented clients in all areas of criminal law for over 30 years, both defending and prosecuting. In Chambers & Partners Directory (2013) he “is noted for his eye for detail and lightning fast analysis.”
He is a true ‘all rounder’ in serious crime, with a practice ranging from murder to complex fraud, drugs offences and money laundering. He is one of a limited number of Silks approved to prosecute on behalf of the Serious Fraud Office.
He complements his criminal practice with regulatory work and is especially known for his work defending in proceedings before the General Pharmaceutical Council Disciplinary Committee.
David is a Recorder (authorised to sit at the Central Criminal Court) and has taught advocacy and professional ethics for Inner Temple for many years. As a ‘Teacher Trainer’, he is not only responsible for teaching pupils and new practitioners advocacy skills but also training others to teach them.
NOTABLE CURRENT & RECENT CASES
Murder: Recent cases include:
R v M – involving a highly unusual ‘causation’ issue, necessitating complicated cross-examination of medical experts;
R v B – representing a 15 year old in a case which turns on participation in a ‘joint enterprise’;
R v A – defending a 64 year old husband charged with arranging the contract killing of his 42 year old wife, and
R v D – a ‘diminished responsibility’ defence to a spousal stabbing.
R v E – advancing ‘self defence’ in relation to a fatal stabbing in the back
R v A – Prosecuting a £15 million fraud on NatWest Bank. Read more
R v H – Defending an accountant charged with conspiring to defraud the revenue of £100 million (8 month trial, 2015/16).
Operation Aguilar – Prosecuting ten defendants for: conspiracies to commit fraud on the Department for Work & Pensions by false representation; trustee fraud (by abuse of position), and fraudulent trading (2016)
Operation Bench – Prosecuting six defendants charged with a £140 million conspiracy to commit fraud on a foreign bank and conspiracy to give corrupt payments (trial in September 2016)
Forced Marriage: R v A – Instructed to prosecute one of the first cases brought under s.121 of the Anti-social Behaviour, Crime & Policing Act 2014.
Confiscation: R v G – Defending in confiscation proceedings in which £107 million benefit was alleged. Benefit of under £60,000 agreed.
Money Laundering: R v P – Defending a wife accused of laundering the proceeds of her husband’s multi-million pound fraud.
BA (Hons.) Law
Direct access qualified
Criminal Bar Association
Association of Regulatory & Disciplinary Lawyers
Recorder of the Crown Court (2007)
Queen’s Counsel (2010)
The Bribery Act 2010: All Bark and No Bite….?” – Archbold Review Issue 5 June 7 2010
All hail the Bribery Act – the toothless wonder! Archbold Review Issue 6 July 6 2011Download CV
SOME OTHER NOTABLE CASES
Conspiracy to Supply Class A Drugs: Two very substantial and complex conspiracies involving the importation and distribution of massive quantities of cocaine (Op. Ninjask and Op. Fisheyes, 2013-14)
Fraud by Posing as a Bogus Lawyer: The ‘Devil’s Advocate’ case – Giovanni di Stefano (2013). Read more
Murder: “Voice identification” murder – R v K; Soliciting murder (undercover officer ‘recruited’ by remand prisoner to murder co-defendant) – R v P
Fraud on Insurance Companies: Complex schemes to defraud by staging fake road traffic accidents and submitting bogus claims (Op. Scarp and Op. Saisir). Read more
Manslaughter: Defending a juvenile in a case involving an unusual causation issue – R v P; Defending a pharmacist (patient died after a dispensing error) – R v D
Fraud on Investors: Defending a solicitor allegedly engaged in an $80 million “arrangement fee” fraud concerning $80 million. This was one of the most complex cases ever brought by the SFO and involved consideration of some 100,000 pages of served documents. Following an interlocutory appeal (reported as R v B & G  EWCA Crim 1368) the Crown offered no evidence – R v R
Fraud on Investors: Prosecuting R v P, the UK’s largest ‘Ponzi’ fraud.
Breach of Integrity: Defending the former Prime Minister of Trinidad & Tobago in proceedings alleging breaches of the Integrity in Public Life Act – stayed as an abuse of process
Corruption: A case concerning the relationship between a Kent police officer and criminals charged with conspiracy to pervert the course of justice; harassment; witness intimidation; burglaries, and the handling of stolen vehicles (Op. Ballpoint)
VAT fraud: Defending in a ‘Carousel’ case alleging a £107m benefit – R v G
Bank Frauds: A £20m confidence trick operated on NatWest bank (Op. Sunbird); a €20 million bank fraud, including an ex-partner in Mishcon de Reya (instructed by the Serious Fraud Office) – R v S, S & P
Fraudulent Trading: Defending a director of three companies charged with breach of trademark offences involving alleged multi-million pound losses. Case stayed as an abuse.
David has very substantial experience representing, in particular, pharmacists who have either been charged with criminal offences, e.g. fraud or offences under the Medicines Act, or who are facing proceedings before the Disciplinary Committee of the General Pharmaceutical Council.
Most notably, in 2005, he led in the disciplinary proceedings against a pharmacist acquitted of malpractice in respect of supplies of diamorphine to Dr Harold Shipman. More recently, in Royal Pharmaceutical Society v D, he defended a pharmacist in a professional misconduct case concerning the death of a patient.
He has acted for the Superintendent Pharmacists of major retail chains, e.g. Boots plc in proceedings before the General Optical Council for making claims allegedly incapable of substantiation in relation to publicity for laser surgery and Sainsbury’s Supermarkets Ltd. in disciplinary proceedings.
He has been commended for his “comprehensive understanding of fitness to practise hearings.” (Chambers & Partners, 2013).
HEALTH & SAFETY WORK
David acted for Vauxhall Motors in a prosecution by the Civil Aviation Authority relating to the sending of dangerous goods by air and for General Motors, advising in relation to a failure to obtain Operator’s Licences for HGVs.
He has also acted on behalf of a company, Deco Marble & Granite Ltd., prosecuted by the Health & Safety Executive when an employee was killed by a load of falling granite and limestone slabs.
David prides himself on being up to date with developments in the law and has recently lectured on the changing approach of the courts to applications in respect of hearsay and bad character and also, in 2015, on new legislation creating the offence of ‘forced marriage’.
In 2006-7, he was instructed by the Independent Police Complaints Commission as Independent Counsel to conduct a review of police conduct following the collapse of the “Prudential Pensions” case in 2005.
Recorder; Advocacy Instructor for Inner Temple.
Fluent French speaker.