IAN WINTER QC

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What the Directories say

CHAMBERS & PARTNERS 2012

Criminal Fraud: Star Rated Ian Winter QC is a younger silk who is "at the top of his game, he is extremely proactive in all he does, and presents in a highly polished manner"

Crime: Band 1 Ian Winter QC's broad practice takes in professional disciplinary issues, as well as fraud and general crime. He is admired for the tactical prowess he brings to bear on behalf of his clients.

ENTRIES FROM PREVIOUS YEARS

Said to be “something quite special” by commentators “a real star who is fantastic with clients.” Winter’s inimitable skills are highly sought after by instructing solicitors, who frequently turn to him when facing matters requiring tactical nous and captivating advocacy style’

A flamboyant but incredibly focused practitioner, a great strategist who simply devours paper heavy cases, more than qualified to be the next superstar criminal silk at the Bar. He has a wonderful ability to adapt his manner seamlessly from private general criminal to complex international fraud cases.

"An extremely impressive performer who is in it to win it" who "just rips into the prosecution when defending" and "a seriously shrewd litigator who lays the traps very charmingly, a real asset on a case."

Despite a relatively short time in silk, doing some extraordinary work. One source was particularly impressed with Winter’s recent success in “completely turning around a complicated case in less than 24 hours,” adding that “his efforts in that regard amounted to a master class."

RECENT CASES

Professional Discipline/ Regulatory

• Dr L: advising internationally renowned surgeon during proceedings at the Singapore Medical Council arising from complaint from the Brunei Royal Family. Panel recused for breach of natural justice
• GDC re Sheikh (counsel for the dentist): conspiracy to defraud, necessity to order interim suspension, successful Part 8 appeal, whether delay and exemplary post criminal conduct justified non-erasure from the Register
• Prosecuting Counsel to the Accountants and Actuarial Advisory Board in the regulatory proceedings against a leading firm of accountants: allegations of asset stripping, conflicts of interest and auditing deficiencies
• GDC v Woolgrove (on behalf of the defendant): 14 counts of defrauding a PCT arising out of the Personal Dental Services Scheme. Successful half time submission of no case to answer relating to the complexities of the Scheme and the failings in the expert evidence
• BHA v McKeown (on behalf of the jockey): fraud/corrupt practices in horseracing and the compliance of the BHA with its own Rules of Racing/Article 6 and on Appeal by way of Part 8 application to the High Court, challenging the reasonableness and legitimacy of the BHA decision; judgment reserved

Fraud/Crime

• Trial fixed for solicitor charged with $37m takeover fraud and money laundering the proceeds of overseas corruption
• R v Dougall - leading authority on sentencing Executive-level whistleblowers entering plea agreements in corruption cases (for Mr Dougall)
• HKSAR v Lai, Hong Kong: (on behalf of appellant): appeal following seven month trial. Representing solicitor convicted of conspiracy to defraud the Stock Exchange of Hong Kong after a listed company takeover fraud; judgment reserved
• SFO investigation into BAE Systems (on behalf of a putative defendant): international corruption, jurisdiction and sufficiency of evidence
• R v K (on behalf of the defendant): solicitor accused of tax fraud. Privilege against self-incrimination in ancillary relief proceedings, without prejudice privilege and abuse of process; landmark judgment
• DOJ v Packer, DOJ v Dougall, DOJ v Chodan (on behalf of the defendants): three separate ongoing cases involving international corruption, Foreign Corrupt Practices Act, Mutual International Assistance, Section 2 SFO investigations
• Australian Securities and Investment Commission (counsel for the Commission): Mutual International Assistance, Judicial Review x2, leading authority on the rights of putative defendants and third parties;
• R v Kieren Fallon (on behalf of the defendant): successful defence of the six time Champion Jockey charged with race-fixing, corrupt practices and conspiracy to defraud; successful no case to answer submission after two months at trial
• SFO v Bright (on behalf of the defendant): the £1bn Independent Insurance prosecution - actuarial fraud, false accounting, unlocking the pension for confiscation purposes
• Instructed by the Financial Services Authority: instructed to advise the FSA on ten-handed 'boiler room' fraud
• R v Stevenson (on behalf of the defendant); doctor accused of multiple manslaughter
• Instructed by Aviva: instructed to advise re private prosecution of Insurance fraud
• Advising an International Bank: re the consequences for it and its Iranian subsidy of the Non-proliferation of Nuclear Weapons Treaty
• Advising a Premiership Footballer in criminal and libel proceedings: following a News of the World sting involving the possession of Class A drugs and blackmail

Libel

• Sharma v Associated News (on behalf of the claimant): successful cross-examination of witnesses alleging harassment
• Daunt v H Bauer Publishing Ltd. (on behalf of defendant), case settled
• Various matters of advisory work
• Desmond v Bower (on behalf of the claimant Richard Desmond): contested week long libel trial, with two separate visits prior to and during the trial, to the Court of Appeal Civil Division

Extradition

• USA DOJ v C (on behalf of the defendant): ongoing proceedings challenging the right of the DOJ to extradite for alleged offences pre-dating the amendments to the 1889 and 1906 Acts

Civil Contempt of Court

• Lawrence and Lawrence v Beller and Owen - civil contempt of court application, successful discharge

NOTABLE CASES

As Leading Junior or Instructed alone, prior to taking Silk:

• SFO v Catto: (leading for the defendant): £35m corporate asset-stripping conspiracy to defraud, stayed by defence application;[2005]
• R v Lang and others: twelve consolidated appeals (appellate counsel for the DPP, instructed alone): Guideline authority on "Dangerous Offenders" under the CJA 2003;[2005]
• R v Harwood (leading for the defendant): £3m international money laundering case. Entrapment by co-accused. Disclosure of sensitive unused material by HMCE. Interlocutory appeal to the Court of Appeal over the ability to the defence to approach a trial judge ex parte his co-accused, stayed by defence application. Stayed by defence application. [2005]
• The Derby Inquest (counsel for a healthcare professional, instructed alone): inquiry into the deaths by alleged starvation of fourteen patients at Derby Hospital;[2005]
• R v Banks-Nash (Leading for the defendant); conspiracy to import £200m of Heroin. First on the indictment of nine. Acquitted after a four month trial. [2003]
• R v Bossino (leading for the defendant): £15m international money laundering case. Entrapment, abuse of process, Regulation of Investigatory Powers Act, unlawful participation in crime by Gibraltar and English political and police authorities, disclosure and public interest immunity; stayed after fourteen month legal argument. [2002-2003]

As Junior

• R v Sheffield Magistrates' Court ex parte Turner and others: judicial review of the Custody Time Limit regulations
• R v Lane (instructed for the defendant): manslaughter of an infant patient, case stopped at close of prosecution evidence
• GMC v Professor Sir Roy Meadow on appeal to the High Court and then to the Court of Appeal Civil Division (on behalf of the appellant and then respondent): the test for Part 8 CPR Appeals, the privileges of an expert witness, negligence
• R v Langaker (counsel for the defendant): £400m Morgan Grenfell fund management fraud
• R v Hillier (counsel for the defendant): the Chairman of Swindon Town FC charged with tax fraud. On appeal the leading authority on the application of s. 74 PACE
• SFO v George (counsel for the defendant): £35m market rigging allegations, successful application to dismiss the charges, successful Judicial Review of the Director of the SFO to seek a voluntary bill of indictment
• R v Spearman (counsel for the SFO): international insider dealing conspiracy, sensitive RIPA applications
• R v Dr. Harold Shipman (counsel for the defendant): defence of the serial killer
• The Abbey National Fraud (counsel for the prosecution): 8 defendants convicted of defrauding the bank
• R v McCormick (counsel for the defendant): successful defence of the Chairman of Atlantic Computers PLC for Insider Dealing offences
• R v Melvin & Dingle (counsel for the prosecution): the police officers charged with fabricating the interview record of Mr Winston Silcott convicted of murdering PC Blakelock

Education/Experience
1989: Inner Temple Pegasus Scholarship to India; 1990: Inner Temple Accommodation Scholarship; Fluent Italian: In re Albert A: Civil and Penal Court of Verona

More information
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