Year of call: 1989

E-mail: gb@33cllaw.com

Graham Brodie specialises in criminal law, public law and human rights law. He has developed a substantial practice in commercial crime, and has particular expertise in proceedings concerning restraint, freezing and confiscation of assets.

His public law practice encompasses challenges arising out of criminal investigations, commercial judicial review and election law.

Graham Brodie has been listed as a leading junior in the Chambers and Partners UK Directory for some years. The 2010 edition observes that he is ‘sharp at analysing evidence and spotting weaknesses in the other side’s case’. Previous editions have commented that ‘he articulates arguments well and is an excellent advocate with sound judgement whose written work and attention to detail is also great’, and that he ‘is admired by those who have seen him in action’.

Notable cases

Commercial crime

R v Rush Defence of boat manufacturer prosecuted for money laundering arising out of sale of vessels to drug runners operating between Morocco and Spain. (January 2007; March 2008)

R v Frost Defence of mobile telephone exporter accused of participation in £250M carousel fraud. Dismissal of charges followed by application by Prosecution for leave to prefer voluntary bill of indictment. (January 2008; March 2008)

R v Leaf [2008] 1 Cr.App.R. (S) 3 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. (March 2007)

R v Waters Prosecution concerning police corruption involving detective agency used by high-profile figures, including Matthew Mellon, which obtained information using illicit means. (January 2007)

R v Rose Boiler room fraud concerning the sale of shares in company called Carbug. (2006)

R v Hanson [2007] 1 WLR 1123, [2007] 1 Cr.App.R. 15 RCPO 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. (2006)

R v Hipwell [2006] 2 Cr.App.R. (S) 98 ‘City Slickers’ case: DTI prosecution of Daily Mirror journalists who wrote City Slickers column for market abuse. (2005)

Restraint and confiscation of assets:

R v Leaf Confiscation proceedings (with an agreed benefit figure of £98M) which required the multi-jurisdictional movement of £55M to be traced over a period of sixteen years. Allegation of hidden assets successfully resisted. Litigation concerning conduct of the related receivership continues.

Re P Challenge to a restraint order obtained by SFO pursuant to Proceeds of Crime Act 2002 s 41; order replaced, by agreement, with undertaking to court by alleged offender. (August 2007)

R v Stiedl SFO confiscation proceedings; settled following argument concerning (1) jurisdiction of court to make compensation order after sentence and (2) status of assets in trust from which defendant was an excluded person. (2006)

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 s 41.

Re: O Restraint proceedings stayed on basis of misconduct on the part of Central Confiscation Branch of CPS. (2004)

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.

Public law/human rights:

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. (February 2008)

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. (October 2007)

R (Payne) v The Attorney-General Judicial review challenge of conduct of Attorney-General in giving advice to Cabinet on lawfulness of use of force in Iraq. (2005)

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. (2005)

Seal v Chief Constable of South Wales Police [2005] 1 WLR 3183 Consequence of failure of litigant in person to comply with procedural requirement imposed by Mental Health Act 1983 in action against police. (2005)

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. (2005)

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. (2004)

R (Consistent Hotel Staff Ltd) v Commissioners of Inland Revenue Challenge to issue of enforcement notice pursuant to National Minimum Wage legislation. (2004)

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.

Other notable cases:

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. (2009)

Lee v Walsh and others Libel action commenced by BNP candidate against ASLEF officials, journalist, and editor of Tribune. Claim settled with Claimant receiving neither damages nor apology. (2005)

Missouri v Smulls Amicus brief on behalf of the Bar Council in capital appeal to the Supreme Court of Missouri.

Current advisory practice

Advising former finance director of public company in SFO investigation into market abuse.

Advising former finance director of football club in BERR inquiry into the conduct of its directors.

Advising company in SFO investigation into corruption arising out of the UN Oil for Food Programme.

Advising successful businessman who is subject to two competing investigations by HM Revenue and Customs and the Metropolitan Police.

Publications

Co-author (with Guy Bastable of BCL Burton Copeland) of revised chapter on UK Money Laundering Law and Practice in Sweet and Maxwell’s Anti Money Laundering Guide (forthcoming)