Helen Malcolm QC

Call: 1986 / QC: 2006

"A lawyer with a sharp brain and the determination to seek out every decent point in a case. She really fights for her clients."

Chambers UK 2020: Financial Crime

"My heart sank when I saw she was my opponent because the courts trust her, listen to her, and she knows exactly which buttons to press. She is brilliant at what she does."

Chambers UK 2020: Extradition

"Obviously superb, she has a huge wealth of European law knowledge and a lovely personable manner. She is forensic in her focus on the issues in a case."

Chambers UK 2020: Extradition

"A silk with class."

Legal 500 2020: International &and Extradition

"She's intellectually streets ahead of everyone else in the room."

Chambers UK 2019: Financial Crime

Instructing Helen

To instruct Helen please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

Helen Malcolm QC is recognised in the directories for her expertise in international criminal law, particularly in the areas of corporate fraud, corruption and extradition.

She is a formidable advocate and excels at appellate work. She has acted in many of the leading financial crime and extradition cases in recent years; and in allied civil proceedings. Recent work includes sanctions enquiries.

She trains judges and advocates in the UK and abroad, has taught criminal law at Oxford University, and has been for many years an Archbold Editor in corporate crime.

Trained in commercial mediation and international arbitration.

Legal Expertise

Extradition overview

She was instructed in the very first European Arrest Warrant case in the UK and now lectures and advises on the effect of Brexit on European extraditions. She was counsel for Augusto Pinochet in Spain’s request for his extradition, and represented an alleged genocidaire in the Rwandan extradition. Acted for Azerbaijan in their request for a lady who had spent £18m in Harrods; and undertook the leading cases on Polish fair trials and on Lithuanian prison conditions. Regularly lectures on extradition (including post Brexit) to those in the corporate and financial worlds.

Notable Extradition cases

Bartulis & Others v Lithuania

Lead case on Lithuanian prison conditions.

Lis, Lange v Poland

Lead case on fair trials in Poland in view of changes to judiciary there.

Hajiyeva v Azerbaijan

Fraud/money laundering allegation with losses in region of £20m (largely spent in Harrods).

Abraaj Collapse

US extradition request in the Abraaj litigation.

Fraud, Bribery & Corruption, International Crime & Money Laundering

Fraud, Bribery & Corruption, International Crime & Money Laundering overview

She acts both for and against the Serious Fraud Office, the Financial Conduct Authority and the Crown Prosecution Service in large scale fraud and corruption cases, particularly those with substantial international elements. She appears for the Revenue in international tax enquiries and tribunal hearings. She has advised the House of Lords Select Committees on international (particularly EU) criminal law.

Notable Fraud, Bribery & Corruption, International Crime & Money Laundering cases

SFO

Currently acting for SFO in long running foreign corruption investigation.

R v MG

Defended in £100m tax fraud relating to carbon emissions under Kyoto Agreement.

R v S

Defended in Russian money laundering and corruption case involving European Bank of Research and Development.

HMRC v Anand

Lead case on reviewing the issue of search warrants in tax investigation by HMRC - won in judicial review.

Macmillan Publishers Ltd

Acted for SFO in corruption enquiry ending in SFO's largest civil recovery order.

HMRC v Red 12

Acted for HMRC in MTIC fraud in VAT Tribunal, Chancery Division and Court of Appeal (Civil Division), now a leading case.

HMRC v Alphatronics

Acted for HMRC in MTIC case before Tax Tribunal.

Extradition

Rwanda v Mutabaruka
Rwanda genocide case

Kenya v D
2014-16
Extradition proceedings relating to £50m petroleum fraud

Fraud, corruption, money laundering

R v S
Defended senior police officer in allegations of fraud and FSMA offences, arising from US property crash

Operation Lumpfish
Prosecuted a London based cybercrime gang that was running a fraudulent music sales website

FM
Prosecuted conman who used stolen credit cards to book luxury holidays for celebrities

R v SF
Defended in alleged £4.5 million tax evasion fraud

R v KF
Acted for SFO in £35 million fraud following FSA intervention and bankruptcy

R v GS
Acted for RBS International in obtaining £21 million compensation order for victim of fraud.

Instructing Helen

To instruct Helen please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

“A lawyer with a sharp brain and the determination to seek out every decent point in a case. She really fights for her clients.” Chambers UK 2020: Financial Crime

“My heart sank when I saw she was my opponent because the courts trust her, listen to her, and she knows exactly which buttons to press. She is brilliant at what she does.” Chambers UK 2020: Extradition

“Obviously superb, she has a huge wealth of European law knowledge and a lovely personable manner. She is forensic in her focus on the issues in a case.” Chambers UK 2020: Extradition

“A silk with class.” Legal 500 2020: International Crime & Extradition

“Advises with great clarity, has a reassuring manner and is very impressive.”

“A hard-working and industrious silk, who really gets stuck in. Clients like her as she takes command of a case from the off.” Chambers UK 2019: Extradition

“A hardworking and efficient barrister who is eloquent in court.” Legal 500 2019

“She is a real class act who is increasingly busy, prosecuting as much as defending.” “Impressive and a pleasure to work with.” Chambers UK 2018: Financial Crime

“She is really top drawer and a very engaging speaker.” “Responsive, personable, and someone with good client skills, she is at her very best in appellate proceedings.” “So commanding and fantastically clever.” Chambers UK 2018: Extradition

“Solicitors praise her for her attention to detail and client care.” Legal 500 2017: Fraud

“A heavyweight extradition practitioner, who provides outstanding advocacy and really good strategic advice.” Legal 500 2017: International Crime & Extradition

“Extremely clever and extremely hard working, she instils considerable confidence in clients.” “She comes into her own for appellate proceedings, is pleasant to work with and responsive. When complex issues are to be addressed, she stands out as a result of her great intelligence.” Chambers UK 2017: Financial Crime

“She combines her mastery of extradition with her capabilities in fraud law.” “She has great gravitas and commands a lot of respect from other counsel and the court.” “The most hard-working QC and just so dependable, she is absolutely the safest set of hands you could ever want and very clever.” Chambers UK 2017: Extradition

  • Oriental Studies (Persian with Arabic), Oxford University, 1983
  • Diploma in Law, 1985, Called to the Bar 1986
  • Pegasus Scholar, Washington DC, USA 1990
  • General Editor, International Criminal Law Reports  From set-up to 2004
  • Practitioner Editor, Archbold Criminal Pleading, Evidence and Practice, chapter 30 on Commerce, Financial Markets and Insolvency 1995-2013
  • Author of the chapter on extradition in Fraud: Law Practice and Procedure, Butterworths 2004
  • Lecturer and sometime examiner, Inns of Court and Bar Educational Trust
  • Has appeared on television and radio as an extradition expert, France and UK
  • Has lectured internationally on transnational criminal and environmental law, Bribery Act 2010, corruption, terrorism and human rights – Delhi, Hyderabad, Brussels, Turkey, Dublin, Paris, Slovenia, Oman, United Arab Emirates
  • Has devised and run training sessions in interview techniques for regulatory bodies
  • Has trained CPS, SFO and others on the Extradition Act 2003
  • Regularly gives evidence to House of Lords Select Committees on effect of Brexit on extradition and criminal law
  • Queen’s Counsel 2006
  • Deputy High Court Judge assigned to the Administrative Court, April 2013
  • Recorder of the Crown Court 2005
  • Tutor in Criminal Law, Oxford University 2013 – 2016
  • Bencher, Gray’s Inn 2011
  • Chair of Election Information Committee of Gray’s Inn
  • Trustee of Gray’s Inn Charitable Trust
  • Special independent counsel (PII) 2003 –
  • Special Advocate 2009 –
  • Attorney General’s A List of Prosecutors 2002 –
  • Re-appointed to the SFO Prosecution List 2013
  • Appointed to the Foreign Office Pro Bono Advisory Panel October 2001 – 2007
  • UK Representative on Criminal Law Committee of CCBE 2013
  • Vice Chair of EU Law Committee of the Bar Council 2012-13
  • Vice President of the European Criminal Law Association 2013
  • Directions Judge for Bar Standards Board
  • UN Consultant:  training senior Nigerian Judiciary, Nov 2017
  • Advocacy Trainer, ICTY, The Hague Oct 2002, Mar 2004, June 2007, Jan 2010, Mar 2011
  • Advocacy Trainer, International Criminal Court, The Hague October 2007
  • Advocacy Trainer, Gray’s Inn (ongoing)
  • Faculty Member, SE Circuit Advanced International Residential Advocacy Course, Keble College, Oxford 2003-06
  • Vice President of the European Criminal Law Association (UK), and member of the European Criminal Bar Association
  • UK representative on the Criminal Law Committee of the CCBE
  • Member of the Criminal Bar Association
  • Member of the Commercial Bar Association
  • Member of the Bar Council’s European Committee, and of the Bar European Group
  • Accredited CEDR mediator March 2007
  • Trained in international arbitration, Chartered Institute of Arbitrators, 2011

I, Helen Malcolm, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at helen.malcolm@3rblaw.com. My Data Protection Policy can be found below.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien. The types of data I process vary upon the nature of the legal matter in relation to which I am engaged to advise or otherwise participate, but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child. When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here. When I process data which has not be obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, ‘white listed’ by the EU or otherwise permitted by EU law (e.g. to the USA under the provisions of the ‘Privacy Shield’).

Under the GDPR, data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability. Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services. A failure to provide such data may mean that I will not be able to provide the legal services.

Rev 1.1 – 18.07.2018

Data Protection Policy

Legitimate Interests Assessment

Helen Malcolm QC is qualified to accept instructions direct from clients under the Bar Council’s Public Access Scheme. This means that members of the public who seek specialist advice can come direct to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme.

For further information please contact our Clerks.