Expertise

Nimisha is a litigator with a focus on international matters. She has diverse experience having worked both in private practice and for international organisations. She has acted on a range of commercial disputes including tax evasion, corporate crime, fraud, construction and employment and has advised on mutual legal assistance and war crimes.

Notable experience

• Acted for a leading UK defence supplier on internal compliance surrounding an SFO investigation into alleged bribery of foreign public officials
• Acted for a multinational bank on an asset tracing and debt recovery case against a Venezuela subsidiary of an Italian company
• Acted for a multinational bank on a payment mechanism which fell afoul of the US Foreign Asset Control Regulations
• Acted for a group of mobile network providers in relation to a VAT rebate claim involving a preliminary ruling by the European Court of Justice
• Acted on numerous war crimes cases brought before the United Nations International Criminal Tribunal for the former Yugoslavia
• Acted as independent legal consultant to the Council of Europe in relation to the European Union pre-accession strategy for Serbia in relation to mutual legal assistance laws and procedure

Background

Nimisha is an economics graduate from Oxford University and also holds an LL.M. in Public International Law from UCL. She began her career at Linklaters LLP, leaving to work for international organisations, including the United Nations, before joining Byrne & Partners.

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+44 (0) 20 7842 1630
andrew.benson@byrneandpartners.com

Expertise

Andrew is a white collar crime and business fraud specialist who defends cases brought by the Serious Fraud Office, HM Revenue and Customs, and the Financial Services Authority. He has particular expertise in restraint and confiscation matters. The Legal 500 has recognised Andrew as being “highly regarded” in his practice area.

Notable experience

• Acting against HMRC in relation to the first (and subsequent) diversion fraud appeals leading to the removal of Customs’ independent prosecuting authority
• Successfully defending against money laundering charges in the amount of £110 million in respect of a bureau de change
• Appealing findings of criminal contempt of court in civil courts
• Appealing and setting aside a confiscation order made against a solicitor following conviction

Background

Andrew is a founding partner of Byrne and Partners LLP. He trained and qualified in the Investigations Group of Dechert LLP.

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“tenacious and ruthlessly efficient” – The Legal 500 2010 Edition

“no-nonsense and user-friendly” – Chambers UK 2010

“…the cleverest person you’ll ever meet.” – The Legal 500 2009 Edition

Expertise

Nicola Boulton is a commercial litigator with particular expertise in high value civil fraud, financial services, and insurance litigation. Nicola often acts for hedge funds, in regulatory and investment issues and partnership disputes and has a particular interest in anti money laundering issues. Nicola is a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Notable experience

• for the first defendant in the Tajik Aluminium case
• for a solicitor defendant in a £40m fraud claim brought by Cable & Wireless
• for a shipping magnate claimant against JP Morgan Chase in a mis-selling claim relating to emerging market derivatives
• for General Motors in a $100m claim brought against the Royal & Sun Alliance insurance group
• in a US$1 billion claim in relation to the sale of a Lloyds broker to a major US insurance company.

Background

Nicola was a founding partner in Byrne and Partners LLP in 2003, having previously practiced at Dechert LLP. Nicola qualified in 1994, practicing at Clyde & Co, and then the Financial Services Authority. Nicola graduated from Oxford University with a degree in Philosophy, Politics and Economics. She is a member of the Law Society Money Laundering Task Force and frequently lectures on both money laundering and financial regulatory issues.

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Expertise

Marleen Bouwer is a white collar crime litigator and currently defends clients in claims brought by the Serious Fraud Office. She has previous experience in commercial/insurance litigation as well as construction and property. Marleen is a native Dutch speaker.

Notable experience

• Defending in an SFO investigation alleging conspiracy to corrupt, dealing with any issues arising from Proceeds of Crime restraint order
• Defending in an SFO investigation alleging conspiracy to defraud
• Defending in an FSA investigation alleging breaches of section 19 FSMA 2000, dealing with any issues arising from a High Court restraint and freezing order
• Acting for a US citizen in relation to an extradition request made by the Government of the United States of America

Background

Marleen graduated from the University of Amsterdam with a Masters in Dutch Law. She then worked as an in-house lawyer at DAS Legal Expenses Insurance. Marleen completed her Graduate Diploma in Law and LPC at the College of Law in London and joined Byrne and Partners in 2010 after training at Davies Arnold Cooper. Marleen is a member of the Young Fraud Lawyers Association.

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Expertise

Ben Brocklehurst is a vastly experienced legal executive with particular expertise in defending high value white collar crime and related Restraint/Confiscation proceedings.

Notable experience

Acting for:

• A defendant in the first criminal insider-dealing prosecution brought by the FSA
• The defendant in a multi-jurisdictional £100m Confiscation and, latterly, Receivership proceedings brought by HMRC
• A defendant in an international multi-million money-laundering prosecution brought by the CPS
• Defendants in a worldwide corruption investigation conducted by the SFO
• A defendant in a market abuse prosecution brought by the FSA.

Background

Ben qualified as a Fellow of the Institute of Legal Executives in 2005 having previously practiced as a Supervising Paralegal at Linklaters LLP from 1992 until he joined Titmuss Sainer Dechert (now Dechert LLP) as Head Paralegal in 1997. During this period Ben obtained extensive practical experience in numerous areas of civil and criminal law. Ben was a founding member of Byrne and Partners LLP when it was formed in 2003.

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Expertise

David Byrne is a business crime specialist and specialises in all aspects of civil and criminal fraud, regulatory investigations and money laundering enquiries and has particular expertise in Inland Revenue investigations, prosecutions and settlements.

Notable experience

• He has acted in numerous high profile cases brought by the SFO, city regulators and Customs & Excise
• He has a particular specialism in Inland Revenue enquiries, investigations and prosecutions with an emphasis on negotiating settlements
• David coordinates the firm’s work in corporate manslaughter and competition cases

Background

David was the former Head of Litigation at Dechert. David is ranked as a ‘leader in his field’ by Chambers & Partners and as a leading specialist in the Legal 500.

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Expertise

Emmeline Coerkamp is a criminal litigation lawyer with experience of a range of white collar crime matters. She has expertise in defending criminal fraud prosecutions, particularly matters brought by the Serious Fraud Office (SFO), as well as HM Revenue and Customs (HMRC) and the Crown Prosecution Service. She also has experience of confiscation proceedings.

Notable experience

• £1 million alleged income tax evasion case brought by HMRC
• Confiscation order in excess of £1 million under POCA 2002
• Pharmaceutical case of alleged price fixing brought by the SFO (‘Operation Holbein’), which resulted in the quashing of the indictment against all defendant companies and executives
• IKEA supplier case brought by the SFO alleging £15 million corruption payments between suppliers and staff

Background

Emmeline graduated from Oxford Brookes University in 2002 and completed her LPC at the College of Law in Guildford. She joined Byrne and Partners LLP in 2010, having trained at Irwin Mitchell LLP. She is on the Committee of the Young Fraud Lawyers Association, a member of the Junior Lawyers Division and the Fraud Training Group.

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Expertise

Ben Davies is a solicitor in the civil litigation team.  He works principally on high value cases in the High Court (usually involving some element of fraud) and has particular experience in obtaining and policing freezing orders. Ben is also a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Notable experience

• Obtaining a £425 million freezing order against Russian state oil company Rosneft, in support of attempts by a former subsidiary of Yukos Oil to enforce arbitration awards in England and Wales
• Cross-border litigation worth $60 million against former managers of an oil distribution company, concerning the expropriation of business and assets (including obtaining freezing and receivership orders in multiple jurisdictions)
• Acting on multiple matters for a high profile hedge fund manager (including obtaining freezing orders against and recovering assets from former employees and consultants)
• Acting for a Greek shipping billionaire against JP MorganChase in a $40 million claim concerning the miss-selling of derivatives linked to Russian sovereign debt.

Background

Ben joined Byrne and Partners LLP on qualification in 2004, having completed his training contract at Dechert LLP.  Ben graduated from Kings College London with a degree in ancient history in 1998, following which he worked in public relations for BP plc before completing the PGDL at the University of East Anglia and the LPC at the College of Law.

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Expertise

Gillian Davies is a solicitor in the criminal fraud team. Her previous experience is predominantly within the field of acquisitive and white collar crime with the emphasis on restraint and confiscation matters. She is currently defending serious fraud prosecutions brought by the CPS and dealing with universal restraint orders made under both the current and pre-POCA regimes. She also has experience covering the range of appellate court litigation including appeals by way of case stated and judicial review proceedings in the High Court.

Notable experience

• R v Auton & Ors – guideline sentencing case involving cannabis production
• RCPO v Taylor – magistrates’ discretion to issue warrants of commitment
• Larkfield Ltd v RCPO – the application of conventional principles to resolve questions of ownership for the purposes of confiscation
• R v Waller – definition of benefit in tobacco smuggling cases

Background

Gillian graduated with a law degree from Southampton University in 2003 and went on to gain a Masters in International Laws. She attended BPP law school where she trained as a barrister and was called to the bar in 2006. She has since re-qualified as a solicitor. Prior to joining Byrne and Partners LLP, Gillian worked in both the Revenue and Customs Prosecutions Office and the Crown Prosecution Service. Gillian is a member of the Young Fraud Lawyers Association.

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Expertise

Jonathan is a criminal litigation solicitor, developing his practice across a full range of white collar criminal and regulatory matters, with a particular emphasis on defending criminal fraud prosecutions.

Notable experience

• Currently acting for a defendant in a large Missing Trader Intra Community VAT fraud prosecution brought by HMRC (‘Operation Tangelo’).
• ‘Cash for Honours’ inquiry

Background

Jonathan joined Byrne and Partners in July 2010, having qualified as a solicitor at the criminal department of Bindmans LLP, a leading London criminal defence firm. Before qualification, he gained extensive experience of general criminal practice, from road traffic and public order cases through to offences of serious crime and complex white collar and regulatory matters. His experience has involved cases at all levels, from the magistrates courts through to the Criminal Cases Review Commission and the European Court of Human Rights (ECHR). He has experience of dealing with clients in the media, having been closely involved in several recent high profile investigations and prosecutions, most notably the ‘Cash for Honours’ inquiry into political party funding. In addition, Jonathan brings an array of invaluable skills and insight gained through his previous career in management consultancy.

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“is ‘a tremendous lawyer who is adored by his clients’”
– Chambers and Partners UK 2010 Edition

“recommended, for his experience in major criminal fraud trials and investigations”
– The Legal 500 2010

Expertise

Matthew is Senior Partner and a criminal law specialist with 20 years of experience in major criminal fraud trials and investigations. He handles all kinds of fraud cases and focuses on raising arguments designed to stop cases reaching charge or trial.

Notable experience

• Acting for a Middle Eastern Government in a major UN criminal investigation
• Two House of Lords appeals and European Court of Human Rights (ECHR) cases
• Ran the LCB litigation which caused Customs & Excise to be stripped of their powers to prosecute and forced their merger with the Inland Revenue
• Currently advising in the first ever prosecution of individuals arising from the Oil-For-Food Sanctions, two major international corruption cases involving the SFO and DOJ
• Largest ever fraud investigation brought by the Revenue

Background

Matthew was a founding partner of Byrne and Partners LLP in 2003. He has been referred to as a leader in his field in Chambers & Partners for approximately 14 years and is also listed in International Directories as a leading crime specialist.

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Expertise

Kim Green is a criminal litigation lawyer working on a range of white collar crime matters but with a particular emphasis on defending criminal fraud prosecutions, typically brought by HM Revenue and Customs, the Serious Fraud Office or the Crown Prosecution Service.

Notable experience

• Acting for a defendant in the largest Missing Trader Intra Community VAT fraud prosecuted (Operation Euripus)
• Acting in a £25m VAT prosecution brought by HM Revenue and Customs
• Pre charge advice to clients facing investigation by a range of prosecuting authorities

Background

Kim graduated from Leeds University in 2005 and completed her Graduate Diploma in Law and LPC at Nottingham Law School. Kim joined Byrne and Partners LLP in 2009 after training and qualifying at Shoosmiths. She is a member of the Young Fraud Lawyers Association and the Fraud Training Group.

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Expertise

Adam Hinks is an solicitor in the civil litigation team. He works as a general commercial litigator and has experience in dealing with freezing orders and general commercial disputes including breach of contract claims, property litigation, debt recovery and personal and corporate insolvency. He has experience of litigation in the County Courts, the High Court and the Court of Appeal as well as mediation.

Notable experience

• Represented defendant in a freezing injunction and fraud, misrepresentation and wrongful conspiracy claim in the High Court and Court of Appeal
• A dispute concerning the validity of an offshore trust
• Instructed by a bank in enforcing its securities including initiating possession proceedings, making applications for orders for sale

Background

Adam joined Byrne and Partners in October 2010 having previously been a member of the litigation team at Judge Sykes Frixou where he trained. Adam graduated from LSE with a degree in Law and Anthropology and qualified as a Solicitor in 2009.

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Expertise

Ed Hudson is the firm’s head paralegal, with over 10 years experience in criminal law.  Ed has particular expertise in cases involving substantial electronic evidence and assists clients facing multi million pound fraud investigations and prosecutions.  He also assists in cases involving regulatory offences and civil fraud, confiscation proceedings and general crime.

Notable experience

• Wickes  –  SFO prosecution relating to £18.3m overstatement of profits
• Ikea –  SFO prosecution re supplier corruption case
• Prudential –  major corruption prosecution relating to the Pensions Review
• R v N –  client charged with money laundering in excess of £1m

Background

Ed has been with Byrne and Partners LLP since its inception having previously worked at Dechert LLP and Claude Hornby and Cox, a highly respected High Street Criminal practice.  Ed is a former committee member of the Young Fraud Lawyers association and is currently studying towards his Legal Executive qualifications.

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Expertise

Ilana Hutton qualified as a solicitor in April 2011. Ilana trained in a well known central London firm gaining experience in a wide variety of publically funded defence work. On qualification Ilana decided she wanted to specialise in fraud and regulatory work.

Notable experience

• Since joining Byrne and Partners Ilana has been involved in a prosecution brought by the Financial Services Authority related to allegations of insider trading
• Ilana is also part of the team dealing with a case brought by the Crown Prosecution Service involving allegations of corruption related to supplies made to one of the UK’s largest supermarket chain

Background

Ilana graduated from the University of East Anglia in 2007 and completed her LPC at the College of Law in London. She joined Byrne and Partners in 2011 after completing her training at Duncan Lewis. Ilana is a member of the Young Fraud Lawyers Association and the Junior Lawyers Division.

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“The ‘excellent’ Yvonne Jefferies is ‘extremely knowledgeable, tough and very user friendly’.” – The Legal 500 UK 2010 Edition.

“brings decades of experience and expertise to the table on every issue.” – Chambers UK 2010.

Expertise

Yvonne Jefferies has more than 25 years of expertise in commercial litigation and arbitration. She has handled a wide variety of contractual disputes, often of an international nature. She has particular expertise in complex insurance and reinsurance disputes, both marine and non-marine.

Notable experience

• Acting for major insurers and reinsurers in various multi-jurisdictional disputes arising out of USD 500 million insurance-wrapped “gap” financing of film portfolios
• Acting for leading reinsurers in a USD 100 million quota share reinsurance dispute involving the writing of US D&O dotcom risks
• Successfully defending insurers in a USD10 million Commercial Court action against insurance intermediaries – where Yvonne was described by the judge as “ plainly both competent and confident” in her handling of the disputed settlement
• Acting for Yukos Capital in relation to the enforcement of arbitral awards worth USD500 million

Background

She originally qualified as an Advocate and Solicitor of the Supreme Court of Singapore before joining Freshfields in 1985 as a commercial litigator. She became a partner at Clyde & Co, London in 1991 where she specialised in marine, international trade, commodities and insurance matters before moving with her team to Barlow Lyde &Gilbert in 1997 where she extended her practice to include complex reinsurance matters. Yvonne joined Byrne and Partners in 2009.

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Expertise

Murray is a general commercial litigator with an emphasis on civil fraud matters.

Notable experience

• High profile cases involving information technology schemes
• Film finance tax deferral schemes
• Major international commodities dispute

Background

Murray joined the commercial litigation team of Byrne and Partners LLP in September 2008.  Prior to immigrating to the UK, Murray trained at a top-rated South African law firm, working predominantly in the commercial litigation department. Murray completed a Bachelor of Social Science degree (Law and Philosophy) and a Bachelor of Laws at the University of Natal, South Africa.

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Expertise

Lu is a commercial litigator with a focus on international commercial disputes. She has previous experience in high value litigation/arbitration and financial services regulatory work. Lu speaks Mandarin and Spanish.

Notable experience

• $500 million London ICC arbitration between an Indian technology firm and a Norwegian manufacturer in relation to a supply agreement
• FSA investigation into alleged fraud and offences under sections 177(3) and 177(4) of the Financial Services and Markets Act 2000
• Aircraft repossession and winding up proceedings in the High Court against a Slovakian airline

Background

Lu graduated from Liverpool University with a first class law degree before attending law school at BPP. She completed her training contract with Norton Rose, where she spent eight months in the arbitration and financial litigation departments. Lu joined Byrne and Partners on qualification in 2011.

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“…commended for his ability to ‘see the bigger picture – he knows that it’s not just about the litigation, but about achieving a settlement”
- Chambers UK 2010 Edition

“…has ‘excellent judgement, and is measured and very professional’.”
- The Legal 500 2010 Edition

Expertise

Bernard O’Sullivan is the Managing Partner of Byrne and Partners. He specialises in regulatory investigations and commercial litigation, frequently acting for claimants and defendants in large civil fraud investigations with multi-jurisdictional elements. Bernard regularly advises on investigations by a wide variety of bodies in the UK and overseas, covering such matters as market abuse and money laundering. He also has a substantial practice dealing with international mutual legal assistance requests. Bernard is a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Notable experience

• Obtaining a £425 million freezing order against Russian state oil company Rosneft, in support of attempts by a former subsidiary of Yukos Oil to enforce arbitration awards in England and Wales. Bernard also worked with lawyers in other jurisdictions to obtain mirror orders. All orders were ultimately discharged on the provision of security by Rosneft
• Acting for an oil distribution company in proceedings against its former managers to recover US$60 million worth of expropriated assets and business where Bernard led a team of international lawyers to obtain freezing injunctions and receivership orders in the BVI, Cyprus and Singapore and took the matter to trial in Singapore before it settled on terms favourable to the claimant
• Acting for a key defendant in the high profile TadAZ prosecution, brought by the Government of Tajikistan in the English High Court
• Since 2000, coordinating the worldwide defence of the Abacha family in respect of claims worth billions of dollars made by the Nigerian Government.

Background

Bernard formerly led the civil investigations team at Dechert, before leaving with fellow partners to establish Byrne and Partners in 2003. Bernard is recommended by both the Legal 500 and Chambers & Partners guides to the profession. The latter commends his “ability to see the bigger picture” and skills in achieving settlement.

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Expertise

Joanna Pacifico is a litigator with over 12 years experience of defending large scale fraud, tax evasion, money laundering, Missing Trader Intra Community frauds and corporate crime against the SFO, FSA, RCPO and Specialist Crimework Directorate. She also has particular expertise in dealing with Restraint and Confiscation.

Notable experience

• Acting for a lawyer defendant in a £45 million MTIC and money laundering prosecution brought by RCPO through appeal and successful application for a Certificate of Inadequacy
• Acting for the sequestrator in high profile and sensitive civil proceedings
• Representing a sole professional defendant in a £1.6 million breach of trust case and securing the defendant a non custodial sentence
• Defending one of the defendants in a £200 million MTIC carousel fraud

Background

Joanna was a founding lawyer of Byrne and Partners LLP on its inception in 2003 after qualifying into the Investigations Department at Dechert LLP in 1998. Joanna graduated from Leeds University in 1994 and completed her LPC at the Chester branch of the College of Law. She is a member of the London Criminal Courts Solicitors’ Association (LCCSA) and the Young Fraud Lawyers Asscoiation.

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“Insider dealing and asset recovery specialist Michael Potts ‘combines an incredibly high level of academic ability with tremendous tactical nous’.”
– The Legal 500 2010 Edition

“Michael Potts ‘inspires confidence’.” – The Legal 500 2008

Expertise

Michael specialises in the defence of financial crime, fraud and regulatory investigations and prosecutions. He has acted in numerous high profile investigations and prosecutions brought against individuals by the SFO, FSA, Fraud Prosecution Service, Revenue & Customs Prosecutions Office and other regulatory bodies and prosecution agencies. Michael also advises both companies and professional firms on their anti money laundering compliance. Michael is a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Notable experience

Michael has acted for:

• a defendant in the first FSA prosecution for insider dealing
• a respondent to the FSA investigation into AIG/Gen Re
• a defendant in a high profile corruption case relating to the pensions review of the Prudential
• a defendant in an international tax fraud case involving the oil broking sector
• a solicitor defendant in a high value money laundering prosecution.

Background

Michael graduated from Oxford University in 1993. He qualified at Dechert LLP in 1997. Michael was a founding partner of Byrne and Partners LLP in 2003. He is a member of the Association of Regulatory and Disciplinary Lawyers and is a member of the Law Society’s Anti Money Laundering Panel. Michael regularly lectures on anti money laundering and proceeds of crime asset recovery issues. He is a contributing author to the Restraint and Confiscation Chapter of Fraud Law: Practice and Procedure.

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Expertise

Laura is a solicitor in the civil litigation team working as a general commercial litigator. Her experience includes fraud-based insolvency claims and proceeds of crime receiverships.

Notable experience

• Representing a defendant solicitor in a Commercial Court claim involving allegations of fraud, negligence, misrepresentation and breaches of FSMA
• Contempt of court prosecution in the Crown Court for breach of a restraint order by an associate of the defendant
• Defending the director of an insolvent recruitment company against misfeasance and undervalue claims
• Acting for insolvency practitioners in asset recovery claims, including procession proceedings, cross-border recognition and overseas asset recovery
• Acting for the receiver appointed to enforce the largest confiscation order obtained in the UK
• Instructed by the defendant in a high-profile defamation claim

Background

Laura joined Byrne and Partners in May 2011 having previously practiced in the litigation and dispute resolution department at Blake Lapthorn where she trained and qualified in 2008. Laura graduated from Manchester University with a degree in Classical Studies before undertaking legal qualifications at the University of Sussex (GDL) and College of Law (LPC). Laura is a member of the Young Fraud Lawyers Association.

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Expertise

Elizabeth is a commercial litigator with a focus on high value and multi-jurisdictional disputes.   She acts for both claimants and defendants, including in civil fraud matters, with particular expertise in freezing orders.  Elizabeth also represents clients in regulatory investigations and proceedings brought by the Department of Business, Industry and Skills (BIS) and the Financial Services Authority (FSA). Elizabeth is a Solicitor-Advocate (Higher Courts Criminal and Civil Proceedings).

Notable experience

• Representing merchants in a $6 million claim against Barclays Bank plc
• Defending contempt of court committal proceedings relating to breach of a freezing order
• Defending the investment manager  of a mutual fund against claims of breach of fiduciary duty and negligence of $100 million
• Obtaining a freezing order for a company against a former director
• Defending an anti-suit injunction in a coverage dispute with an international insurance company
• Representing a company in public interest winding up proceedings initiated by BIS

Background

Elizabeth trained at Dechert LLP, qualifying in 2002, and practiced with Dechert LLP until she joined Byrne and Partners LLP in 2003.   Elizabeth graduated from the University of California, Berkeley with High Honors and undertook her legal education at the College of Law, London.

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Expertise

Julia is a litigator in the commercial litigation team, working on high value disputes, often with an international element. She has previous experience in high value art and banking litigation and is fluent in German and French.

Notable experience

• Successful multi-million pound fraud asset tracing on behalf of a listed company defrauded by its employees
• Offshore trust litigation and hedge fund disputes
• High profile cases involving information technology schemes

Background

Julia joined Byrne and Partners in 2010, after training at Withers. She graduated from Warwick University and gained a Masters degree from Bristol University in 2007. She completed her LPC at Bristol and has also studied at the Sorbonne and Lille University in France, and Wellesley College in the US. Julia is a member of the Young Fraud Lawyers Association, the British – German Jurists’ Association and the International Association of Young Lawyers (AIJA).

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