Graham Brodie QC (1989) (QC 2013)


 "...fearless and technically brilliant..."

 "...fearless and technically brilliant..."

"...Fearless and technically brilliant..."

Graham Brodie QC specializes in civil and criminal litigation arising out of allegations of commercial wrong-doing.

He has developed a substantial practice defending in prosecutions for white collar crime, and acting for both claimants and defendants in civil fraud claims.

He has particular expertise in proceedings concerning restraint, freezing and confiscation of assets.

Graham has extensive experience of public law and is frequently involved in challenges arising out of criminal investigations, commercial judicial review and proceedings arising out of the conduct of elections.

Graham is often asked to provide strategic advice to clients who are subject to investigation, especially those which give rise to issues involving both civil and criminal law.

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Directory Quotes
 

"A powerful intellect."
(Legal 500 2016)

"He is personable, liked by clients and very approachable."
(Legal 500 2016)

“A heavyweight civil and criminal fraud silk with an outstanding reputation among peers and instructing solicitors.  He is incredibly adept at handling complex matters involving commercial misconduct and corruption.” (Chambers & Partners 2016)

“An expert on the law but also able to think strategically about how issues will play out.” (Chambers & Partners 2016)

“He does not put a foot wrong throughout the whole case and impresses everybody.” (Chambers & Partners 2015)

“He’s an impeccable barrister.” (Chambers & Partners 2015)

‘‘He’s a pleasure to work with, who is very reliable and provides sound advice.’’ (Chambers & Partners 2014)

‘‘New silk Graham Brodie QC is ‘a reassuring guiding hand when even the instructing solicitor feels out of depth’.’’ (Legal 500 2013)

“Graham Brodie...instils ‘great confidence in clients and always has the answer at his fingertips’”. (Legal 500 2012)

“Interviewees admire his combination of ‘a keen intellect and a steely determination to advance his client’s cause’.” (Chambers & Partners 2012)

“Graham Brodie is a ‘defence barrister for the modern age, fearless and technically brilliant’.” (Legal 500 2011)

“He is a go-to individual for fraud cases that have a crossover with human rights and public law.” (Chambers & Partners 2011)


Commercial Wrongdoing

  • Re: S Instructed to advise and represent the directors and shareholders of companies in relation to contractual arrangements which are the subject of an ongoing SFO investigation into allegations of corruption.

  • Re: B Instructed to advise an engineering company in an ongoing investigation into corruption.

  • Re: R Instructed to advise on whether proposed conduct in relation to a €1.3 billion trust fund would represent a money laundering offence. (2015)

  • Re: O Instructed to advise and represent a company in an investigation into corruption arising out of the sale of offshore oil exploration block. (2015)

  • R v W Instructed to represent a company director in prosecution for fraud in relation to the sale of construction material and applications for government grants. (2015)

  • R v P  Instructed to represent senior executive of chemical manufacturing company in prosecution for corruption of public officials in Indonesia. (2014)

  • R v H Instructed to represent young businessman accused of (i) advertising and providing investment advice without FSA authorisation, and (ii) fraudulent trading.

  • R v S Instructed to represent a property developer prosecuted for a £1.5M fraud involving the misuse and forgery of VAT receipts.  The case featured the first-ever plea discussions undertaken pursuant to the Attorney-General’s Guidelines and concluded with the client retaining his liberty.

  • Re: S Limited Advising engineering company in investigation into suspected breaches of the UN Oil for Food Programme.

  • R v H Instructed to represent financial columnist in ‘City Slickers’ prosecution of Daily Mirror journalists for market abuse.

  • R v R Defence of boat manufacturer prosecuted for money laundering arising out of sale of vessels to drug runners operating between Morocco and Spain.

  • R v L Chartered accountant extradited from Switzerland and prosecuted for fraudulently operated company purchase scheme whereby £55M of corporation tax was evaded. Instructed following conviction in renewed application for leave to appeal against conviction and appeal against sentence.

  • R v W Prosecution concerning police corruption involving detective agency used by high-profile figures, including Matthew Mellon, which obtained information using illicit means.

  • R v Hanson [2007] 1 WLR 1123, [2007] 1 Cr.App.R. 15RCPO prosecution for tax evasion concerning allegation of dishonest claim that foreign-registered company was centrally managed and controlled in UK. Dismissal of charges followed by Prosecution appeal to Court of Appeal.


Restraint and Confiscation

  • R v P Instructed to represent a former banker in pending confiscation proceedings following his conviction for laundering the proceeds of political corruption in Nigeria.

  • Re: S Instructed to advise financial institution in relation to risk of an order restraining its assets pursuant to a foreign request for mutual legal assistance (2015).

  • R v H Successful appeal against confiscation order on the basis of misapplication of statutory assumptions.

  • R v W Successful appeal against refusal of Crown Court judge to discharge restraint order in largest ever direct tax prosecution.

  • Re: Power Consulting Limited Successful application on behalf of a company for the variation of a restraint order to release from its ambit funds of which the company claimed beneficial ownership. 

  • R v L Confiscation proceedings (with an agreed benefit figure of £98M) which required the multi-jurisdictional movement of £55 million to be traced over a period of sixteen years. Allegation of hidden assets successfully resisted.

  • Re: P Challenge to a restraint order obtained by SFO pursuant to Proceeds of Crime Act 2002 s 41. Order replaced, following negotiation, with undertaking to court by alleged offender.

  • R v S SFO confiscation proceedings; settled following argument concerning (1) jurisdiction of court to make compensation order after sentence and (2) status of assets in trust fromwhich defendant was an excluded person.

  • SFO v X [2005] EWCA Civ 1564 CA Requirements to be met by defendant seeking variation of restraint order to pay legal fees when Prosecution allege that defendant has assets hidden out of the jurisdiction.

  • D (UK) Ltd v RCPO [2005] EWCA Crim 2919 Challenge by third party to a restraint order made pursuant to Proceeds of Crime Act 2002 s41.

  • Re: O Restraint proceedings stayed on basis of misconduct on the part of Central Confiscation Branch of CPS.

  • HM Customs and Excise v Hughes and others [2003] 1 WLR 177 CA Responsibility for payment of remuneration of receiver appointed pursuant to provisions of Criminal Justice Act 1988.

  • In the matter of El Heri [2001] EWCA Civ 1782 CA Application of privilege against self-incrimination to statement required from defendant in restraint proceedings.


Civil Fraud

  • Re: L Instructed to advise on the impact of historic corruption on the sale of assets for £100 million. (2015)
  • Re: B Instructed to defend civil claim for corruption in engineering industry.  Claim settled on confidential terms. (2014)
  • HMRC v Sunico A/S and others Civil action for £42M based on allegation of unlawful means conspiracy involving mobile phone trading.

  • Amitel Ltd v HMRC Appeal to the First Tier Tribunal (Tax Chamber) against £18M assessment for VAT raised on the basis of an allegation of constructive knowledge of participation in transactions connected with VAT fraud.

  • FSA v E Claim by FSA alleging the operation of an unauthorized collective investment scheme.

  • Termina Computer Services Ltd (In Liquidation) v A and others Civil claim for £41M based on allegation of dishonest assistance in breach of fiduciary duty.

  • F v S High value civil action based on allegation of fraudulent misrepresentation against property developer. 

  • Campaign Against Arms Trade v M Norwich Pharmacal proceedings in which the claimants (who were applying for judicial review of the decision of the Director of the Serious Fraud Office to discontinue the criminal investigation into corruption in the Al Yamamah arms deal) sought assistance to identify the source of leaked privileged material which had found its way into the hands of BAE.

  • British Library Board v Farhad Hakimzadeh High value civil action arising out of the theft of pages from rare antiquarian books belonging to the British Library.

     

 


Public Law and Human Rights

  • Re: R Judicial review challenge to the conduct of a search pursuant to a foreign request for mutual legal assistance. (2015)
  • Abbey Election Petition [2008] EWHC 501 (QB) Election petition concerning failure of returning officer to include 45.8% of the votes cast in the count.
  • Aston Election Petition [2008] EWHC B5 (QB) Election petition concerning allegation of illegal practice (namely, the making of false statements of fact in relation to the personal character and conduct of a Liberal Democrat Party candidate for the purpose of affecting that candidate’s return) on the part of Labour Party candidate in election campaign in Birmingham.
  • R (Payne) v Attorney-General Judicial review challenge of conduct of Attorney-General in giving advice to Cabinet on lawfulness of use of force in Iraq.
  • R (North Cyprus Tourism Centre Ltd and another) v Transport for London [2005] EWHC 1698 (Admin) Challenge to refusal of TfL to accept advertising for Turkish Republic of Northern Cyprus.
  • Bordesley Green Election Petition [2005] EWHC 2365 (Admin) Election petition concerning corruption of postal vote system on the part of Labour Party candidates in election campaign in Birmingham, followed by application for permission to seek judicial review of judgment.
  • R (Consistent Group Ltd) v Secretary of State Home Department and others [2004] EWHC 3020 (Admin) Challenge to (1) treatment of applications to take advantage of right of establishment pursuant to association agreement between Poland and European Union, and (2) conduct of an investigation by National Crime Squad.
  • R (Consistent Hotel Staff Ltd) v Commissioners of Inland Revenue Challenge to issue of enforcement notice pursuant to National Minimum Wage legislation.
  • R v Jones [2002] UKHL 5, [2003] 1 AC 1 HL Propriety of Crown Court trial in absence of defendant
  • Yusof v Granada and Bashir Application to restrain broadcast of confidential information.