Andrew Mitchell QC

Year of Call: 1976

Ranked as a “Star Individual” in the first ever POCA Work & Asset Forfeiture section of  The Chambers Directory, Andrew Mitchell QC is the “king of POCA” and “the godfather of the area”.

He is also ranked in Fraud section and described as “A lawyer with a superb mind that he puts to great effect.”

Previous editions have stated that he has an “excellent knowledge of law” and is “a fine advocate and an impressive performer”. He combines a “forensic approach” with “tough, robust advocacy.”

According to the Legal 500 he is a “heavyweight for the big cases and even bigger clients” and he “never fails to be on the money in restraint and confiscation matters, is hugely reassuring and exudes class.”

Andrew specialises in civil and criminal asset forfeiture and is without doubt the pre-eminent barrister in the field of confiscation, restraint and receivership. He has advised and represented prosecuting authorities, defendants, receivers and third parties in the House of Lords, Court of Appeal (civil and criminal), High Court and Crown Court on all aspects of the restraint, management and confiscation of property.

He advises professionals and multi-nationals on the practice and procedure in relation to money laundering regulations and legislation. Andrew has acted in prosecution and defence of money laundering offences and. advised internationally on all aspects of money laundering, fraud and corruption.

Andrew has been the principal speaker/lecturer in training programmes organised by the UN and the IMF. He was a Consultant to the Pacific Anti-Money Laundering Programme and has been a consultant for training on money laundering related issues for the Anti-Money Laundering Office in the Australian Attorney General’s Office. He has also trained the judiciary on these issues in Trinidad and Tobago, the Eastern Caribbean, South Africa, Palau and Papua New Guinea.

Notable Cases

Confiscation, Restraint & Receivership

  • Acting for defendants, crown and other parties in leading cases in the practice area.
  • Jennings [2008] UKHL 29; [2008] 1 AC 1046
  • Capewell [2007] UKHL 2; [2007] 1 WLR 386
  • Barnette [2004] UKHL 37
  • Rezvi [2002] UKHL 1; [2003] 1 AC 1099
  • Cadman-Smith [2001] UKHL 68; [2002] 1 WLR 54
  • Glatt v. Sinclair [2009] EWCA Civ 176
  • Stanford International Bank [2010] EWCA Civ 137
  • Innospec – Thomas LJ
  • SFO v Lexi Holdings [2008] EWCA Crim 1443
  • Allpress [2009] EWCA Crim 8
  • Mitchell [2009] EWCA Crim 214
  • Blatch [2009] EWCA Crim 1303
  • Baden Lowe [2009] EWCA Crim 194
  • Glatt [2008] EWHC 798 (Admin)

Corruption

  • 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

  • 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 Stanford International Bank CA.
  • Representing the National Prosecuting Authority of the Republic of South Africa in their UK applications for restraint and disclosure orders King v SFO HL.

FSA

  • Representing an individual accused of insider-dealing in major FSA 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.
  • Following 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. R v Rigby and Bailey CA

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.