Hamish Common Essex Street London WC2R 3AA

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1 Profile Hamish Common practises in all areas of crime, though principally in fraud and in cases with a numerical, technical or scientific element. He also undertakes regulatory and disciplinary proceedings. Hamish is a CPS level 3 prosecutor and is on the Unified List of specialist regulatory advocates for health and safety and environmental law, as well as the CPS specialist Fraud panel at level 3 and the Serious Fraud Office s Proceeds of Crime B panel. As well as a range of serious public disorder, drugs, sexual offences and other general crime, Hamish has prosecuted insolvency and related offences on behalf of BIS, environmental offences on behalf of the Environment Agency, defended complex cash forfeiture applications, and has advised individuals and government departments (within and outside the UK) upon fraud, money laundering and IT related crime. Hamish presents cases on behalf of the General Medical Council. Hamish was previously seconded to the SFO (specialising in restraint and confiscation), Office of Fair Trading and various departments of the CPS. Hamish has (apart from law) degrees and postgraduate diplomas in computing and economics. At University and in pupillage, Hamish won several major advocacy and essay competitions. Fraud & Financial Crime Hamish is instructed for the prosecution in the ongoing case of Operation Amazon, concerning an investment scheme purportedly relating to the generation and trading of carbon credits. It is the largest direct tax case yet mounted. Hamish was seconded to the SFO for 18 months focusing upon asset recovery and mutual legal assistance with foreign jurisdictions. In R v Dr Gerald Smith he acted on the largest ever UK confiscation order ( 40.9 million) then made in an SFO case. He was also involved in R v Fouad Al-Zayat [2007] EWCA Crim 1927 and David King [2009] UKHL 17. Hamish has previously advised the Office of Fair Trading on the drafting of a criminal investigation and prosecution manual for the Cartels and Criminal Enforcement Group in preparation for the OFT s inaugural use of its criminal investigation and prosecution powers. Hamish has a talent for complex cases involving technical and scientific evidence, and offers a wealth of expertise in financial crime. He also hamishcommon@23es.com hamishcommon@23es.com.cjsm.net Counsel s Clerk clerks@23es.com Primary Areas of Practice Fraud & Financial Crime General Crime Corporate Crime & Financial Regulatory Environmental Law Appointments CPS Advocate Panel (South Eastern London and non-london) Level 3 CPS Fraud Specialist Panel Level 3 Serious Fraud Office Proceeds of Crime Panel B Specialist Regulatory Advocate in Health & Safety and Environmental Law Panel C Education Birkbeck Graduate Diploma in Economics 2009 Inns of Court School of Law (BVC) (Very Competent) 2003 City University (Diploma in Law) 2002 Imperial College, London (BEng Computing)

2 advised the Attorney General s office in Jersey on an alleged foreign bribery and corruption case. Hamish has also dealt with civil VAT appeals on behalf of HMRC in cases of disallowed input tax on suspicion of carousel fraud. Operation Amazon (Southwark Crown Court, continuing) Junior to Charles Miskin QC in prosecuting the largest direct tax case yet mounted, which focuses upon an investment scheme purportedly relating to the generation and trading of carbon credits. Has lead responsibility for electronic disclosure including relevant advice and advocacy. R v S & P (Central Criminal Court, 2014) Prosecution of a Spanish-based boiler room fraud targeting elderly investors. R v Tuck (Peterborough Crown Court, 2014) Prosecution on behalf of BIS of a defendant for transferring a valuable interest in land for no consideration directly prior to self-petitioned bankruptcy. R v Green (High Court, 2014) Contested receivership application under the Criminal Justice Act 1988, concerning the approach towards gifts between defendants. R v Sutch (Maidstone Crown Court, 2013) Defending a conspiracy to distribute a botnet to infect computers on a wide scale. Included substantial technical evidence and legal argument and successful objection to a Serious Crime Prevention Order. R v DF & Other (Chelmsford Crown Court, 2011) Prosecution of husband and wife team on behalf of BIS (DTI) for Insolvency Act and Company Directors Disqualification Act offences in respect of serial insolvencies and phoenix companies. Awards Winner, Kalisher Essay Prize 2004 Winner, Lincoln s Inn Debating Shield nd Place, Lincoln s Inn Public Speaking Competition (Crowther Shield) 2002 Winner, City University CPE Mooting Competition (upon individual basis, judged by Lord Slynn) 2002 Professional Membership Young Fraud Lawyers Association (Past Chairman) Association of Regulatory & Disciplinary Lawyers Criminal Bar Association South Eastern Circuit The Honourable Society of Lincoln s Inn Languages German (basic) Public Access Hamish Common is permitted by the Bar Council to accept instruction directly under the Public Access scheme. R v Haq & Os (Manchester Crown Court, 2010). Junior counsel to Paul Ozin for the prosecution in 7 handed MTIC carousel fraud case which was followed by complex confiscation proceedings; instructed by CPS Central Fraud Group South (Fiscal), formerly RCPO. 2

3 R v Keith Lyons (2009) Led junior defence counsel in RCPO prosecution of tax advisor for > 1M tax expenses fraud. Re WW (2007) Advising the Attorney General s office in Jersey in an alleged foreign bribery and corruption case, the proceeds being laundered through the Channel Islands; also included drafting letters of request to several countries. R v Sykes, Maya & Selby (Cheney); R v Harper, Simpson, Welcher, Welcher & Gray (Ironfirm) (2007) Seconded Counsel responsible for day-to-day preparation of confiscation hearings and appeals in these SFO cases. Metropolitan Police v Thavapalsingham & Others (2007) Defending multi-day POCA cash forfeiture application in respect of members of Sri Lankan community in East London Professional Regulatory and Disciplinary Hamish undertakes an increasing amount of professional regulatory and disciplinary work, principally in the healthcare professions, drawing upon both his experience of criminal litigation and his scientific background. Hamish had assisted in research and editorial work on Joanna Glynn QC s and David Gomez s Fitness to Practise: Health Care Regulatory Law, Principle and Process", published by Sweet and Maxwell in July 2005, encompassing all UK health care regulators along with legal and procedural topics relating to fitness to practise issues. Corporate Crime and Financial Regulatory Completed a Graduate Diploma in Economics at Birkbeck College in 2009, and since continuing with an MSc Economics, (now complete subject to submission of the dissertation) both of which involve heavy quantitative analysis of statistics, finance, commercial and firm behaviour. Hamish also previously advised the Attorney General s office in Jersey on a case concerning alleged foreign bribery and corruption. 3

4 Hamish has also been a contributor to the Financial Crime Update with Jonathan Fisher QC - Butterworths Journal of International Banking and Financial Law. R v DHL (Central Criminal Court, 2015) Prosecution on behalf of the Health and Safety Executive of a major logistics company in respect of breaches of their duty to maintain a safe working environment in a haulage yard when a driver was run over by a heavy goods vehicle. R v Kennedy & Others (Birmingham Crown Court, ) Junior counsel for the prosecution in three handed case, instructed by BIS (DTI) in respect of two businessmen and a chartered accountant involved in a company purchase under the Companies Act whitewashing provisions, its trading and subsequent liquidation. General Crime Experience on substantial cases, such as R v Barathithasan & Others, a seven-handed conspiracy to defraud, kidnap and blackmail, means that Hamish is much in demand as a criminal advocate. R v Moss (Central Criminal Court, 2014) Prosecution of a lay litigator for pretending to be a solicitor and faking a judgment of a senior judge in order to advance a client s tax case before HMRC. R v Girjasing & Kleijn (2009) Drug importation of 2.88kg through Gatwick Airport prosecuted for RCPO, defendants sentenced to 12 and 8 years imprisonment. R v Vasil Tsap (2008) 173 JP 4, [2008] All ER (D) 194 Determining jury directions upon whether forgetfulness in certain circumstances may amount to a reasonable excuse for possession of a flick knife. R v Barathithasan & Others (2008) Led by Charles Miskin QC as junior defence counsel for the first defendant in seven handed conspiracy to defraud, kidnapping and blackmail trial. 4

5 R v AU (2007) 5 day Crown Court defence trial of a home tutor charged with multiple sexual offences against his 12 year old tutee. Government of Poland v Tomasz Niescier (2007) Extradition request (for the defendant), appealed to the Divisional Court, concerning indirect effect of Convention rights in extradition decisions. R v Serge Afocini (2007) Importation of cocaine valued at 300K through Heathrow Airport, prosecuted on behalf of RCPO. R v X (2006) Prosecuting a taxi driver for sexually assaulting his passenger. R v Walker & Wallen [2005] EWCA Crim 1991 Appeared before Court of Appeal in drug dealing case. R v A (2004) Represented a youth defendant who was acquitted after having confessed in detail to an assault and having been twice identified at the scene; victim accepted under cross-examination another person assaulted her; the Court found that defendant had lied in her confession in the mistaken impression she would receive a youth warning. R v K (2004) Three-handed knife point robbery trial involving multiple video-link witnesses; defendants acquitted after witnesses become highly inconsistent in respect of stories and details of identification under cross-examination. 5

Alex Rooke. Overview +44 (0)

Alex Rooke. Overview +44 (0) +44 (0) 207 332 5400 Alex Rooke YEAR OF CALL: 2001 Solicitors and judges have commented favourably on Alex's ability to pick up complex cases, to master large amounts of information, and to cut to the