Andrew Mitchell QC (1976)

(Approved and Authorised to Conduct Litigation)


"The King of PoCA"

"The King of PoCA"

Known as the standout leader in the field, he earns unanimous praise from clients and fellow barristers for his POCA work. "He is very much a figurehead and a presidential type figure. Because he's so well respected, he offers those that instruct him great presence in court." 
"A well-known heavyweight silk who is a great choice of leading counsel for high-value matters connected with financial wrongdoing. His reputation has spread far and wide, ensuring he is instructed to advise on marquee matters both at home and abroad." A “Star Individual”“King of POCA”, "a cut above the rest", “the godfather of the area”, "Absolutely and unequivocally the obvious choice for POCA" and "Very knowledgeable and well respected by the judiciary". "His advocacy skills are exemplary because they are matched with a deep knowledge of both civil and criminal POCA matters." (Chambers and Partners 2012/13/14/15/16/17)

Sought after to advise on multi-jurisdictional investigations into allegations of fraud and corruption. His Business Crime and Fraud practices are complemented by his POCA expertise. "He earns the respect and trust of juries", "Accessible and down to earth", "As a leader he stands out as an exemplar of the highest calibre of barrister...  A lawyer with a superb mind that he puts to great effect.”..."Very practical and good with clients". (Legal 500 2013/14/15/16).


For at least 25 years, much of Andrew's practice has involved both civil and criminal matters relating to the proceeds of crime. During this period, he has advised and represented both government authorities seeking restraint and forfeiture of criminal proceeds, as well as private litigants opposing such measures within the United Kingdom and other nations who are members of the Commonwealth of Nations. He has appeared in 10 leading cases in the Court of Appeal and Supreme Court involving the proceeds of crime.

Andrew has also advised and represented the Government of the United Kingdom with respect to the execution of external requests for mutual legal assistance concerning the restraint and forfeiture of the proceeds of crime, including a request for assistance from the United States of America in forfeiture matters concerning an Antiguan financial institution (Stanford International Bank) and multi-jurisdictional issues of mutual legal assistance, insolvency and forfeiture law. He has represented the Governments of the United States of America, South Africa and India in the Court of Appeal in England and Wales, and the House of Lords/Supreme Court, in relation to matters touching and concerning proceeds of crime.

Andrew is admitted to practise in Grenada and the British Virgin Islands, which, along with Antigua and Barbuda.  He has appeared in cases in the British Virgin Islands, Grenada, Trinidad and Tobago, Cayman Islands and the Turks and Caicos Islands, and has advised in Antigua and Barbuda.

He is a member of the OECS Bar Association. In addition to being Head of Chambers in London, he is a member of Chambers in Port of Spain, Trinidad and Tobago and is currently engaged as Leading Counsel on behalf of the Crown in a case of public corruption in the Turks and Caicos Islands.

Since 1992, Andrew has been a co-author of a legal textbook on the developing confiscation law in England and Wales: Mitchell, Taylor and Talbot, Confiscation and the Proceeds of Crime - considered one of the leading legal textbooks on proceeds of crime (whether criminal or civil) and has been quoted in Court decisions from time to time with approval.   

Andrew has lectured extensively on matters relating to the proceeds of crime for the United Nations Drug Control Programme, the Commonwealth Secretariat, the International Monetary Fund, the Australian Anti-Money Laundering Programme, The Caribbean Anti-Money Laundering Programme, the Pacific Anti-Money Laundering Programme, the East African Anti-Money Laundering Group, and the South African National Prosecuting Authority Proceeds of Crime Division.

He has lectured and run workshops in the Caribbean and have been a guest lecturer at the OECS Bar Association annual conference in 2009, 2014 and 2015 regarding asset forfeiture law.  He has lectured and taught at judicial workshops regarding proceeds of crime law, for judges of the following jurisdictions, inter alia, OECS, Trinidad and Tobago, Jamaica, Zimbabwe, South Africa, Mauritius, Palau, Papua New Guinea, Sri Lanka, Solomon Islands and Fiji.

Andrew has recently finished chairing, on behalf of the Commonwealth Secretariat as the lead organisation, a number of plenary meetings with the United Nations and the International Monetary Fund on the redrafting and updating of the model law for common law countries on the Proceeds of Crime, including Money Laundering, Criminal and Civil Forfeiture, and the Financing of Terrorism. 

Andrew is currently assisting the Commonwealth of the Bahamas as the lead consultant in the construction of a new 'gold standard' Proceeds of Crime Act.

Andrew acts as a Consultant in Jamaica for Caroline P. Hay Attorneys-at-Law and is a door tenant at Allum Chambers in Trinidad & Tobago.

 

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Confiscation, Restraint & Receivership
 

    Acting for defendants, crown and other parties in leading cases in the practice area.

    SUPREME COURT

    • R v Harvey [2016] 2 WLR 37
    • R v Ahmed and Ahmad [2015] AC 299
    • Serious Organised Crime Agency v Gale [2011] 1 WLR 2760
    • King v Serious Fraud Office [2009] 1 WLR 718
    • Crown Prosecution Service v Jennings [2008] AC 1046
    • Capewell v Customs and Excise Commissioners [2007] 1WLR 386
    • United States v Montgomery (No 2) [2004] 1WLR 2241
    • R v Smith (David Cadman) [2002] 1 WLR 54
    • Re Norris [2001] 1 WLR
    • United States v Montgomery (No 1) [2001] 1 WLR 196

    COURT OF APPEAL AND HIGH COURT

    • Saleh v SFO [2017] EWCA Civ 18
    • R v Davenport [2016] Crim L R 127
    • R v Kakkad [2015] 1 WLR 4162
    • Serious Organised Crime Agency v Namli [2014] Lloyds Rep FC 409
    •  R v Bestel [2014] 1 WLR 457
    • R v Jawad [2013] 1 WLR 3861
    • Serious Organised Crime Agency v O’Docherty [2013] CP Rep 35
    • Glatt v Sinclair [2012] 1 Costs LO
    • R v Steed [2011] Lloyds Rep FC 238
    • Revenue and Customs Prosecutions Office v May [2010] 3 All ER 1173
    • Stanford International Bank (in Receivership) Re [2010] 3 WLR 941
    • R v Seager [2010] 1 WLR 815
    • Sinclair v Glatt [2009] 1 WLR 1845
    • Serious Fraud Office v Lexi Holdings Plc (in administration) [2009] QB 376
    • R v Rigby [2006] 1 WLR 3067
    • R v Bakewell [2006] 2 Cr App R (S.) 42
    • R v Hashash [2006] S.T.I. 2455     
    • Serious Fraud Office v Saleh [2015] Lloyd’s Rep F.C. 629. 
    • Serious Organised Crime Agency v Hymans [2012] EWHC 2889 [QB]
    • R (on the application of the Chief Constable of Greater Manchester) v City of Salford Magistrates Court [2009] 1 WLR 1023

    Corruption
     

    • Turks & Caicos - Acting for Special Investigations Task Force in corruption trial of former premier and others
       
    • Advising and acting for the SFO in the ground-breaking Innospec case in which the criminal matters relating to corruption in Indonesia were dealt with on the same day in UK and US jurisdictions.
       
    • Representing former cabinet minister in a commonwealth jurisdiction in defence of a corruption allegation.
       
    • Advising a defendant company in relation to its financial exposure following SFO allegations of corruption and advising SFO in respect of the financial liability in respect of two listed companies (one listed in USA) in relation to corruption allegations.

    POCA and Reporting Obligations
     

    • Advising multi-nationals on their money laundering reporting obligations in relation to their core-business (including oil exploration and drink manufacturing).
       
    • Successfully represented the first money laundering compliance officer to be prosecuted for failing to report a suspicious transaction.

    External Requests
     

    • Stanford International Bank CA Acting in the UK for the US Department of Justice in relation to an external request to freeze assets and the rights of the liquidator.
       
    • King v SFO HLRepresenting the National Prosecuting Authority of the Republic of South Africa in their UK applications for restraint and disclosure orders.

    Regulatory
     

    • Representing an individual accused of insider-dealing in major FCA investigation.
       
    • Advised, represented and acted for a regulated person in disciplinary proceedings.
       
    • K v NatWest Bank (CA) Court of Appeal decision on the rights of individuals in dealing with banks when the Proceeds of Crime Act 2002 is engaged – acted for Serious Organised Crime Agency.
       
    • R v Rigby and Bailey CAFollowing the first criminal conviction for market abuse under the FSMA 2000, defendants faced confiscation proceedings based on the increase in share price generated by the misleading statement made to the market.

    Advisory
     

    • Advising former Executive Chairman of significant multi-national company during negotiations for government intervention and subsequent issues relating to the company’s business structures.
       
    • Advising pharmaceutical company on potential financial liability in relation to cartel allegations.

    Fraud
     

    • Advising and representing an oil company in Trinidad in relation to an action it is bringing for fraud against former Chief Executive.
       
    • Acted for a Bermudan Investment Fund, in the BVI, alleged to be engaged in money laundering.

    Civil Recovery
     

    • Acting in the SFO’s first ever civil recovery action against a Respondent Company.