James Hines KC

Call: 1982 / Silk: 2015

“He's versatile and one of the best criminal silks.”

Chambers UK 2024: Financial Crime

“James is an opponent to be reckoned with.”

Legal 500 2024: Business & Regulatory Crime

" … he treats everyone with respect, a respect which is reciprocated by the court.”

Chambers UK 2023: Extradition

“He is a brilliant lawyer. His oral advocacy is of the highest class.”

Legal 500 2023: Business & Regulatory Crime

“James has a sharp intellect and an incredible depth of knowledge at his fingertips.”

Legal 500 2023: International Crime and Extradition

James Hines KC acts in major international fraud, crime and extradition cases, both prosecuting and defending. His experience, versatility and judgement are highly sought after.

James has acted in numerous SFO, FCA, and CMA cases. For 25 years he almost exclusively appeared for the defence. In 2015 he was instructed by the SFO to lead for the prosecution in the US$ LIBOR trial of Barclay employees.

In crime he has acted in all areas including corruption, murder, robbery, and drugs. He has conducted two significant bribery and corruption trials in the last year, and he is currently instructed to defend in Operation Rockrose, an EncroChat case of conspiracy to murder.

James spent much of the pandemic in the Cayman Islands. In 2019 James assisted the Cayman DPP with the Island’s response to the Caribbean Financial Action Task Force. Between November 2019 and March 2020, he prosecuted 5 defendants in the Grand Court in relation to smuggling US$7m of raw Venezuelan gold on a private jet as an exercise in Money Laundering. In 2021 he spent 2 months prosecuting the former Treasurer and General Secretary of the Cayman Islands Football Association. They were accused of involvement in corruption, false accounting, and money laundering in relation to a payment of US$1.54m from the Confederation of North, Central America, and Caribbean Football Associations. The pretrial applications concerned abuse and disclosure.

James has extensive experience representing police officers in death in custody, corruption, and misconduct cases in disciplinary proceedings and at trial. He has also advised and acted in private prosecutions and for some years was outside criminal counsel for the Microsoft Corporation.

Notable clients include a suspect in the recent 1MDB trial in Malaysia, Mrs Tollman, Glenn Mulcaire (the private detective at the centre of the News of the World phone hacking trial), ‘the Nat West three’, and Silvio Berlusconi (by live television link to his trial in Milan).

He is known for his phenomenal ability and knowledge, his intelligent advocacy and his commanding court presence. Recognised as a Leading silk in International Crime Extradition in Legal 500 2022.

Called to the Bar 1982, Silk 2015. Bar Council Ethics Committee, Vice chair (crime) 2016, Elected Master of the Bench by the Honourable Society of Gray’s Inn 2019, appointed Visiting Professor of BPP University Law School 2022.

Legal Expertise

Serious Fraud overview

James has a wealth of experience in the field of financial and corporate crime. He acts for individual and corporate clients under investigation for offences of fraud, corruption and money laundering giving advice on pre-charge matters as well as offering representation throughout any ensuing proceedings. James is currently advising the SFO on one of their pre-charge investigations and an individual in relation to an ongoing SFO Investigation.

James has conducted numerous Serious Fraud Office trials. Since defending in SFO v Blackspur Leasing in Maidstone Crown Court in 1994 he has almost exclusively appeared for the defence. However, in April 2015 he was instructed by the SFO to lead for the prosecution in the LIBOR trial of Barclay employees and to advise in relation to Libor manipulation at other panel banks.

James has both prosecuted and defended in FCA cases including advising the FCA in a large-scale global investigation into allegations of misleading the markets and related FSMA offences at an AIM listed company which collapsed with debts of over £100m.

James advised a market listed corporation in relation to private prosecution for fraud relating to an international takeover, eventually the investigation was handed over to the SFO.

He was reappointed to the Queen’s Counsel Prosecution Panel of the Serious Fraud Office in 2021.

Notable Serious Fraud cases

R v PH

Teeside Crown Court (defence) Internet based cybercrime, conspiracy to setup and operate copycat Government/official websites, deceiving customers into paying inflated prices for goods and services for no additional benefit. The fraud involved a turnover of £38m.

SFO v Merchant & Others

Southwark Crown Court (prosecution) The LIBOR prosecution of five Barclays employees. [see also Court of Appeal: Merchant & Mathew v R [2018] 1 Cr App R 11, definition of conspiracy to defraud and Pabon v R [2018] EWCA Crim 420 re expert evidence]

R v AT

Southwark Crown Court (defence) A legal aid solicitor alleged to have defrauded the Legal Aid Board of millions by inventing clients, files and cases.

SFO v AR

Southward Crown Court (defence) International bribery and corruption in the procurement of very large oil and gas construction contracts in Russia.

SFO v STT

Southwark Crown Court (prosecution) £4m boiler room fraud, victims were initially targeted from Barcelona, when they realised they had been defrauded, in order to ‘recover their losses’ the same fraudsters targeted the same victims through a new company in Dublin.

R v IK

Preston Crown Court (defence) Conspiracy to defraud Virgin Media by the wholesale supply of set top boxes allowing access to programs and services without charge. Losses estimated at £1.3m.

SFO v BB

Southwark Crown Court (defence) BB was accused of placing spread bets based on price sensitive information from the Credit Suisse control room.

R v CD

Leeds Crown Court (defence) Fraudulent trading in relation at chain of property companies involving mortgage fraud, VAT fraud and the fraudulently accounting treatment of franchises.

R v BKS

Reading Crown Court (defence) BKS and her husband ran a large construction company, they fraudulently set up and remotely operated a subcontracting firm in the name of others, thereby shifting the liability to account for PAYE, NIC and VAT. The subcontracting firm incurred huge debts to the Revenue and was then wound up.

International/Extradition overview

James has appeared in extradition cases at every level for over 30 years, both prosecuting and defending, earlier this year he appeared in the Supreme Court in the Case of Zabolotnyi.

James regularly advises the SFO in relation to extradition matters and in 2021 was reappointed to the SFO list of approved extradition counsel. He is currently advising on the return of a suspect to the UK for trial.

Notable international crime cases include a suspect in the recent 1MDB trial of the former Prime Minister Najib Razak in Malaysia and representing Silvio Berlusconi by TV link to his trial in Milan. The allegation was that SB corruptly paid a $600,000 bribe to a London solicitor, a former tax lawyer to give false testimony in two corruption trials in Italy in order to protect SB’s media empire.

James was instructed to defend two Dutch Investigating Magistrates/prosecutors in a private prosecution brought by the subject of a European Arrest Warrant. The allegation was that they perverted the course of justice in their drafting of the EAW. Issues of State Immunity and jurisdiction arose.

Historically James advised a suspect in the failed military coup d’état in Equatorial Guinea involving Simon Mann an ex SAS officer, and Mark Thatcher son of Margaret Thatcher.

James was recently Instructed by leading Mexican attorneys to provided expert evidence comparing Mexican and UK offences in the field of money laundering, fraud and organised crime.

James has advised the UKCA, the Met Police and other prosecuting authorities in relation to Mutual Legal Assistance.

James’ recent work in the Cayman Islands involved drafting numerous letters of request to the UK; USA; Switzerland; Dominican Republic; Mexico; Aruba; Panama; Venezuela and Curacao.

James has also advised a number of individuals in relation to Interpol Red Notices.

He is recognised as a Leading Silk in International Crime Extradition in Legal 500 2021.

Notable International/Extradition cases

R (Marc Salomon) ex parte Westminster Magistrates' Court v Court of First Instance, Brussels

[2022] EWHC 83 (Admin) Judicial Review of Consent procedure under Section 45 Extradition Act 2003

Tiganescu v County Court Suceava Romania

[2022] EWHC 1401 (Admin) Waiver of right to attend trial, Framework Decision article 4a, Convictions in absence section 20

Regional Prosecutions Office Burgas, Bulgaria v Mihaylov

[2022] EWHC 908 (Admin) Section 17, Specialty arrangements, Article 3 Bulgarian Prison conditions and assurances

Veszprem Regional Court, Hungary v Bogdan

[2022] EWHC 1149 (Admin) Section 2 Validity - Polish Rule of Law, Judicial Authority challenge

Prosecutor's Office Thessaloniki, Greece v Hysa, Neli & Jalik

[2022] EWHC 2050 (Admin) Court requests information adopting the Aranyosi Procedure, appeal of DJ's decision to discharge following refusal to adjourn for the imminent arrival of an assurance

Zabolotnyi v Mateszalka

District Court, Hungary [2021] UKSC 14 Supreme Court Concerning the approach to be taken in assessing and relying on assurances as to prison conditions.

Todoric v Croatia

Administrative Court (defence) Todoric was the Chairman of Agrokor, the largest privately-owned company in Croatia. The case was heavily political and involved a thorough examination and analysis of the legal system in Croatia.

Ipek and others

Administrative Court (prosecution) Ipek, whose newspapers and TV stations had been confiscated by Turkish officials for criticising President Erdoğan’s regime, faced financial charges allegedly related to the 2016 failed military coup. The High Court upheld a ruling that the case was politically motivated.

Kalinauskas v Lithuania

[2020] EWHC 191 (Admin) Proportionality.

Bartulis v Lithuania

[2019] EWHC 3504 (Admin) Assurances and disclosure.

Fuzesi v Budapest Regional Court, Hungary

[2018] EWHC 1885 (Admin) Hungarian prison conditions and assurances.

Jane v Prosecutor General’s Office, Lithuania

[2018] EWHC 1122 (Admin) Foreign assurances.

Belgium v Purcell & Pengel

[2017] EWHC 1981 (Admin) Article 3, prison conditions.

Fox v Public Prosecutor's Office of Frankfurt, Germany

[2017] EWHC 3396 (Admin) Extradition Act 2003 section 12A Decision to prosecute and try.

R (Van der Pijl) v Kingston CC

[2013] 1 WLR 2706 Police; Applications without notice; Computer records; Private documents; Retention; Search and seizure; Search warrants.

USA v Tollman

[2008] 3 All ER 150 The seminal case on abuse of process [see also R(USA) v Bow Street Mags’ Court and Tollman [2006] EWHC 2256 (Admin)]

R (Bermingham) v Director of the SFO

[2007] 2 WLR 635 The Nat West Three, highly publicized extradition in relation to the Enron investigation.

R v Jones & Milling

[2007] 1 AC 136, House of Lords Anti-war protestors during the Gulf war International law; crime of aggression; customary law; defences; justiciability; prerogative powers; reasonable force; war. [See also: R v Jones Court of Appeal [2005] QB 259 International law; crime prevention; duress; necessity Ayliffe v DPP [2007] 1 AC House of Lords]

R(Guisto) v Brixton Prison

House of Lords [2004] 1 AC 101 Extradition; committal orders; convictions; fugitive offenders; habeas corpus; jurisdiction.

Panton v Minister of Finance and Attorney General

[2001] UKPC 33 Privy Council (for the Appellant) Constitutional law; independent and impartial tribunal; apparent bias. An appeal from the Jamaican Court of Appeal. The President of the Court of Appeal presided over a decision of whether a particular statute was unconstitutional. Some years earlier, as the Minister of Justice and an MP he had voted in favour of the legislation and in his role as Attorney General had certified the legislation as compliant with the constitution.

Grant v The Queen

[2004] 2AC 550 Privy Council (for the appellant). Constitutional law An appeal from the Jamaican Court of Appeal in an extradition case. Constitutional interpretation; Whether the jurisdiction of the Privy Council to hear an appeal derived from the Jamaican Constitution or from the Judicial Committee Act 1844. Whether the Parliament of Jamaica is able, by ordinary legislation, to exclude the right of the Privy Council to hear an appeal pursuant to special leave to appeal given by the Board. The answer depended upon whether this right has been written into the Constitution of Jamaica.

Crime

Crime overview

For over 30 years James has defended and prosecuted in crime, at trial and in the Court of Appeal. He has a reputation for robust cross-examination and as a fearless defence advocate.

His advisory work ranges from advising the CMA on competition and cartel matters, for example price fixing in the steel abrasives industry, to advising a European private jet company which had flown passengers with approximately 500kg of cocaine from Bogota, Colombia to Farnborough airport in Hampshire.

He has advised and acted in private prosecutions and for some years was outside criminal counsel for the Microsoft Corporation.

James has extensive experience in applying for and responding to Production Orders, Search warrants and Section 2 notices.

Notable Crime cases

R v J, T, S & D

Southampton Crown Court - 2022 Bribery in the NHS on the Isle of Wight. Four defendants paying and accepting bribes to promote prescription drugs

R v C & D

Southwark Crown Court - 2021 Bribery by the Chief Information Officer of a large corporation convicted of bribery

R v Rollinson and Richardson

Prosecution and conviction of drug dealer who stabbed friend to death over £40 debt. The defendant's girlfriend, Lorna Richardson, entered guilty please to perverting the course of public justice.

R v Xu

Southwark Crown Court (private prosecution) Cybercrime, a private prosecution of a quantitative analysist for the theft of computerized trading algorithms, a highly specialised area where there was a need to protect commercially sensitive and confidential trade secrets.

R v ST

Southwark Crown Court (defence) Bribery and corruption in relation to contracts at the Royal Palaces. Allegations of paying bribes to corrupt employee at Buckingham Palace and Windsor Castle.

R v DR

Winchester Crown Court. An American accused of murdering his father in Paris in 1982. Issues of extraterritorial jurisdiction and retrospectivity. Successful legal challenge to the fiat issued by the Attorney General.

R v GM

Central Criminal Court (defence) GM was the private detective at the centre of the phone hacking scandal at The News of the World.

R v RJ

Reading Crown Court (defence) The Sunningdale murder. An execution-style murder by a father and his two sons of a fraudster who had double crossed them in relation to a multi-million-pound VAT fraud.

R v JS

Central Criminal Court (defence) Phone hacking by a features editor at News International.

FSA v MU

Southwark Crown Court (defence) - Insider dealing. Charged together with his father, MU fed price sensitive information from his work within a merchant bank.

R v SM

Central Criminal Court (defence) SM was alleged to have assisted her partner to evade the police after he had shot a girl on the dancefloor of a nightclub. She had witnessed the murder and assisted him to hide from the police for some weeks thereafter.

R v PL

Bristol Crown Court (defence) A customs operation involving the large-scale importation of cocaine from Eastern Europe and distribution between London and Bristol.

R v JL

Oxford Crown Court (defence) historic rape allegation against a man in his 80s.

R v DC

Kingston Crown Court (defence) A baggage handler at Heathrow conspiring with baggage handlers In South America and elsewhere to importing Cocaine in unaccompanied suitcases.

R v GW

Snaresbrook Crown Court (defence) Conspiracy to rob cash in transit vans, an inside job. On numerous occasions when a van was robbed, the driver was new to the role and had a strong link to a particular local pub where JW was the landlord.

R v RJ

Central Criminal Court (defence) Selling guns to an undercover officer, armed robbery and blackmail.

R v PO

Kingston Crown Court (prosecution) PO shot his victim with a sawn-off shotgun. A 14 year-old boy was the main prosecution witness and intended victim, the police rightly anticipated he would be a hostile witness at trial.

Proceeds of Crime

Proceeds of Crime overview

James has recently been working in the Cayman Islands assisting the DPP with the response to the March 2019 Mutual Evaluation Report into Anti-money laundering and counter-terrorist financing measures from the Caribbean Financial Action Task Force (CFATF). As part of the response he was instructed to prosecute two cases involving transnational money laundering.

In 2020 James advised an individual in relation to the 1MDB trial which recently concluded in Malaysia.

Notable Proceeds of Crime cases

POCA

July 2021 Various POCA applications to seize 100s of millions of pounds worth of Bitcoin.

R v CW & BB

Cayman Islands Grand Court (prosecution) Laundering the proceeds of US$1.5 million stolen from Confederation of North, Central America and Caribbean Football Associations through the accounts of Cayman Islands Football Association.

R v DF, FH, JG, PB & KZ

Cayman Islands Grand Court (Prosecution) 5 defendants, conspiracy to laundering US$7million worth of raw Venezuelan Gold flown into Cayman on a private jet.

R v AA

Southwark Crown Court (defence) AA was stopped emerging from money service bureau (bureau du change) with a very large quantity of unexplained cash in euros including numerous €500 notes. His house was searched, a cash counting machine and a further €39,000 was found in his dishwasher.

R v FOA

Blackfriars Crown Court (defence) The use of online peer-to-peer betting and white label or skin accounts as a method of money laundering. FOA was stopped on his way to deliver £111k cash to a high-profile international gambler known globally as “Z”.

SOCA v Agidi

[2011] EWHC 175 (QB) An analysis of the abuse of process jurisdiction in Civil Recovery. [see also Court of Appeal [2011] EWCA Civ 1350)

SS

Prospective cash forfeiture proceedings relating to £1m in cash found in a safety deposit box in Harrods, alleged to be the proceeds of crime in the Middle East. The Met Police settled the case and no charges were brought.

Regulatory/Disciplinary overview

In addition to experience of Regulatory cases and inquests James has extensive experience representing police officers in the Crown Court and at misconduct hearings relating to a broad range of serious allegations. James has appeared for the Appropriate authority presenting at discipline cases in Essex and South Yorkshire, though not in the London area where he solely defends.

Notable Regulatory/Disciplinary cases

R v OB

Southwark Crown Court (defence) A PCSO, allegations of misconduct, conspiracy to steal from cannabis factories and dealing in cocaine and cannabis. OB regularly provided confidential police intelligence to a network of criminal associates both to assist them in avoiding detection and to allow them to target other criminals and steal their drugs in advance of any police raid.

R v KB

Leeds Crown Court (defence) a police inspector responsible for the storage, retention and ultimately the destruction of drug and other exhibits, stealing substantial quantities of Class A drugs and ammunition from the exhibits store and supplying them back onto the black market.

R v NB

Maidstone Crown Court (defence) NB was driving an unmarked police car at speed with his siren activated when he killed the occupant of another car. Charged with death by dangerous driving the case was of national significance to all those driving emergency vehicles who had threatened to strike had NB not been acquitted by the jury.

R v AE

Central Criminal Court (defence) A PC charged with corruption in relation to the purchase of a substantial quantity of class A drugs from a supergrass and the execution of a bogus search warrant.

GC

Surrey Coroner’s Court (inquest) Represented GM, the Governor responsible at HMP Send when a deeply troubled individual took her own life.

A PC

Southwark Crown Court (defence) Assault in the course of the arrest of the terror suspect Babar Ahmad, unusually complex trial, over a dozen professional medical experts and issues of international disclosure and secret service probe evidence.

A PC

Misconduct, (defence) A close protection officer alleged to have committed rape whilst working with the Prime Minster in Washington USA.

A PS

Misconduct (defence) An IPCC directed hearing into the deliberate mishandling of rape allegations at a Sapphire unit, effectively bullying alleged rape complainants out of perusing their allegations.

A PS

Misconduct (defence) A custody sergeant in relation to a death in custody of a drunk prisoner.

A PC

Misconduct (defence) Arising out of the ‘Plebgate’ investigation connected to Andrew Mitchell MP

SIA v Sabrewatch

Southwark Crown Court (defence) Represented a principal director of the company for failing to adhere to the licensing policy and ensuring its guards were licensed under the Security Industry Act.

Commercial

Commercial overview

James acts and advises in civil and commercial matters in the Commercial Court and elsewhere. He has particular expertise on questions of self-incrimination and contempt.

James recently advised an International litigation funder which had supported a disastrous High Court claim re their liability for costs following the decision in Davey v Money [2019] EWHC 997 concerning the end of the “Arkin Cap” limiting funding exposure.

Notable Commercial cases

SA Guernsey

Court of Appeal (defence) Advised in relation to the striking out of an application for SA to be committed for contempt. The application was made by a well-known businessman, alleging breaches of Confidentiality Orders and focussed on the effect of in camera Orders and the publication of information arising during hearings held in private.

Islamic Investment Co, Gulf (Bahamas) Ltd v Symphony Gems

CA [2010] EWCA Civ 709 Committal for contempt; information from judgment debtors; Non-disclosure.

International / Extradition

R (Marc Salomon) ex parte Westminster Magistrates’ Court v Court of First Instance
Brussels [2022] EWHC 83 (Admin)
Judicial Review of Consent procedure under Section 45 Extradition Act 2003

Tiganescu v County Court Suceava Romania
[2022] EWHC 1401 (Admin)
Waiver of right to attend trial, Framework Decision article 4a, Convictions in absence section 20

Regional Prosecutions Office Burgas, Bulgaria v Mihaylov
[2022] EWHC 908 (Admin)
Section 17, Specialty arrangements, Article 3 Bulgarian Prison conditions and assurances

Veszprem Regional Court, Hungary v Bogdan
[2022] EWHC 1149 (Admin)
Section 2 Validity – Polish Rule of Law, Judicial Authority challenge

Prosecutor’s Office Thessaloniki, Greece v Hysa, Neli & Jalil
[2022] EWHC 2050 (Admin)
Court requests information adopting the Aranyosi Procedure, appeal of DJ’s decision to discharge following refusal to adjourn for the imminent arrival of an assurance

Turkey v Ipek & Others
2019
Alleged Gulenists

Vica Todoric v County State Attorney’s Office in Zagreb, Croatia [High Court]
2018
Chairman of the Board of Agrokor, the largest privately-owned company in Croatia.

Attila Fuzesi and Laszlo Balasz v Budapest Capital Regional Court Hungary
[2018] EWCH 1885 (Admin)
European Arrest Warrants: Reliance on assurances

Van de Pijl v Westminster Magistrates’ Court Administrative Court
2015
Dutch Prosecutors claiming State Immunity from criminal charges

Van de Pijl v Home Secretary
[2014] EWHC 281 (Admin)
Procedures for mutual legal assistance requests

Van de Pijl v Kingston Crown Court
[2013] 1 WLR 2706
Particulars of a Search Warrant

Silvio Berlusconi
2011-2012

United States v Tollman
[2008] EWHC 184 (Admin); [2008] 3 All ER 150

R (on the application of Bermingham) v Director of the Serious Fraud Office
[2007] QB 727; [2007] 2 WLR 635

R (on the application of Bermingham) v Director of the Serious Fraud Office
[2005] EWHC 647

Panton v Minister of Finance and Attorney General
[2001] UKPC 33 Privy Council (for the Appellant)
Constitutional law; independent and impartial tribunal; apparent bias.
An appeal from the Jamaican Court of Appeal. The President of the Court of Appeal presided over a decision of whether a particular statute was unconstitutional. Some years earlier, as the Minister of Justice and an MP he had voted in favour of the legislation and in his role as Attorney General had certified the legislation as compliant with the constitution.

Grant v The Queen
[2004] 2AC 550 Privy Council (for the appellant)
Constitutional law.  An appeal from the Jamaican Court of Appeal in an extradition case. Constitutional interpretation; Whether the jurisdiction of the Privy Council to hear an appeal derived from the Jamaican Constitution or from the Judicial Committee Act 1844. Whether the Parliament of Jamaica is able, by ordinary legislation, to exclude the right of the Privy Council to hear an appeal pursuant to special leave to appeal given by the Board. The answer depended upon whether this right has been written into the Constitution of Jamaica.

Serious Fraud

Merchant & Mathew v R Court of Appeal
[2018] 1 Cr App R 11
LIBOR – Conspiracy to defraud

Pabon v R Court of Appeal
[2018] EWCA Crim 420
Expert Evidence – LIBOR

R v Peter Hall & Others [Teeside Crown Court]
2017
Internet based cybercrime fraud using copycat websites

SFO v Merchant & Others [Southwark Crown Court]
2015
The LIBOR prosecution of Barclays employees

SFO v AR [Southwark Crown Court]
2014
International bribery and corruption in the procurement of very large oil and gas construction contracts in Russia

Crime

R v J, T, S & D [Southampton Crown Court]
2022
Bribery in the NHS on the Isle of Wight, 4 defendants paying and accepting bribes to promote prescription drugs

R v C & D [Southwark Crown Court]
2021
Bribery by the Chief Information Officer of a large corporation convicted of bribery

R v Richardson and Rollinson [Nottingham Crown Court]
2021
Prosecution and conviction of drug dealer who stabbed friend to death over £40 debt. The defendant’s girlfriend, Lorna Richardson, entered guilty please to perverting the course of public justice.

R v KX [Southwark Crown Court Crown Court]
2017
A private prosecution of a quantitative analysist concerning computerised algorithmic trading

R v ST [Southwark Crown Court]
2016
Bribery and corruption in relation to contracts at the Royal Palaces

R v DR [Winchester Crown Court]
2016
An American accused of murdering his father in 1982 in Paris. Issues of extraterritorial jurisdiction and retrospectivity

R v RJ [Reading Crown Court]
2011
An execution-style murder

Proceeds of Crime

Various POCA Applications to seize 100s of millions of pounds worth of Bitcoin
July 2021

Serious Organised Crime Agency v Dr Christopher Agidi
[2011] EWHC 175 (QB); [2011] Lloyd’s Rep FC 276
(Also Court of Appeal [2011] EWCA Civ 1350)
Abuse of process in Civil recovery

Contempt of Court

Islamic Investment Bank Co of the Gulf (Bahamas) v Symphony Gems Court of Appeal (Civil Division)
[2010] EWCA Civ 709

“He’s versatile and one of the best criminal silks.”  Chambers UK 2024:  Financial Crime

“James is an opponent to be reckoned with.”  Legal 500 2024:  Business & Regulatory Crime

“A gentleman in the courtroom and outside it, he treats everyone with respect, a respect which is reciprocated by the court. Involved in matters right from the start, he does the groundwork and makes sure the case is as strong as it can be.”  Chambers UK 2023:  Extradition

James has specialised in defending serious financial crime cases but more recently he has prosecuted some very high profile serious business crime cases. James is an incredibly diligent and hard working advocate. He is a brilliant lawyer. His oral advocacy is of the highest class.”  Legal 500 2023:  Business & Regulatory Crime

“James has a sharp intellect and an incredible depth of knowledge at his fingertips. He is engaged with his cases from the outset, actively leading from the front to ensure an excellently prepared and structured defence.”  Legal 500 2023:  International Crime and Extradition

“He gets involved right from the beginning and has a deep historical knowledge of extradition law.”  Chambers UK 2022:  Extradition

“He is very engaging and a great jury advocate.”  Chambers UK 2022:  Financial Crime

“His advocacy demonstrates a real depth of understanding in extradition but very much assisted by his criminal work as well. Legal 500 2022:  International Crime and Extradition

He is a well-respected, calm and authoritative advocate with whom it is a real pleasure to work.“  Legal 500 2022:  International Crime and Extradition

“He has a razor-sharp mind and a thoroughly personable and charming manner about him.  Chambers UK 2021:  Extradition

“A formidable silk with a razor-sharp mind which, combined with his depth of knowledge from decades of practising in this area, make him one of the most formidable silks around.” Legal 500 2021: International Crime and Extradition

“He is a really outstanding prosecutor of financial crime.” Chambers UK 2021: Financial Crime

“Has phenomenal ability and great knowledge of extradition law.” Chambers UK 2021: Extradition

“Urbane and very bright, with a commanding court presence.” Legal 500 2021: Business & Regulatory Crime

“James is an absolute gentleman to work with.” Chambers UK 2021: Extradition

“Has phenomenal ability and great knowledge of extradition law.” Chambers UK 2020: Extradition

“A long-standing practitioner with his finger on the pulse.” Chambers UK 2020: Extradition

“He’s a really capable and very intelligent advocate.” Chambers UK 2020: Extradition

Known for his effective advocacy style, he emphasises his strongest arguments well and communicates clearly with his audience. Chambers UK 2020: Financial Crime

“Calm, collected and an original thinker” Chambers UK 2020: Financial Crime

“He seems to pluck stuff out of left-field that you haven’t anticipated.” Chambers UK 2020: Financial Crime

“He’s super bright and charming to work with.” Chambers UK 2020: Financial Crime

‘Urbane and very bright, with a commanding court presence.’ The Legal 500 2020: Business & Regulatory Crime

‘He combines an analytical eye with a deft touch with clients and court alike.’ The Legal 500 2020: Business & Regulatory Crime

“A brilliant silk whose cross-examination skill is of particular note”. Chambers UK 2019: Financial Crime

‘Very versatile because of his appearances in the commercial courts, which gives him an edge.’ The Legal 500 2019: International Crime and Extradition

“Solicitor-friendly and client-friendly, he is just a joy to work with. Intelligent, hard-working and respected”. Chambers UK 2018: Financial Crime

“Urbane, with a great charm and a commanding presence in court”. The Legal 500 2017: Business & Regulatory Crime

“Sought out to advise on high-stakes matters. Equally good on paper as he is an advocate, he grasps the essential points remarkably quickly and cuts through the chaff to get to the important points.” Chambers UK 2017: Financial Crime

‘‘A wonderful advocate with a warmth that endears him to clients.” The Legal 500 2016

“Highly experienced at assisting Governments and foreign fugitives in various different Courts”. Chambers UK 2017: Extradition

James is a member of the following organisations and associations:

  • Extradition Lawyers Association (ELA)
  • Defence Extradition Lawyers Forum (DELF)
  • European Criminal Bar Association (ECBA)
  • European Fraud & Compliance Lawyers Association (ECFL)
  • Association of Regulatory & Disciplinary Lawyers (ARDL)
  • Private Prosecutors Association (PPA)
  • Fraud Lawyers Association
  • James was Called to the Bar in Gray’s Inn in July 1982
  • He was appointed Silk in February 2015
  • He was appointed to the King’s Counsel panel for the Serious Fraud Office in 2021
  • He was elected a Master of the Bench of Gray’s Inn in 2019.

2021

Circuiteer, the Magazine for the South Eastern Circuit, an article – ‘Judge Alone trials in Fraud cases, are they a solution to the backlog caused by the pandemic?’

Article for Counsel magazine as part of role on Bar Council Ethics Committee – ‘Advice on how to navigate a departure, avoid the pitfalls, and remain on good terms with your friends and former colleagues

Recent speaking and training engagements:

2022

  • Extradition Lawyers Association Annual Conference – ‘Extra-Territorial Jurisdiction and Extradition’ Chair and Host of the Conference
  • Bar Council Ethics Committee – Chair and panel member – ‘Ethical Dilemmas at the Criminal Bar’

2021

  • Extradition Lawyers Association Annual Conference – ‘Extradition in International Law: Challenges and Solutions’ – Chair and Host of the Conference

2020

Fraud Lawyers Association – seminar “Trial by Jury in Fraud cases, are changes desirable?”

2019

  • Office of the Director of Public Prosecution, Cayman Islands – (Money Laundering)
  • Fraud Lawyers Association International Conference – (Communications between Prosecutors and defenders)

2018

  • Oxford University 2018 – (Ivey & Genting Dishonesty)
  • Fraud Lawyer Association – International Conference 2018 (Extradition, Mutual Legal Assistance)

2017

  • Bar Council of England & Wales – Annual Bar Conference 2017 – (Ethics)
  • American Bar Association – White Collar Conference 2017 – (Press relations)
  • Fraud Lawyers Association – International Conference 2017 – (Deferred Prosecution Agreements)
  • British Academy of Forensic Scientists 2017 – (Time of Death, Entomology (blowfly & maggots))
  • Bar Council of England & Wales – English Cypriot Law Day 2017 – (Unexplained Wealth Orders)
  • Appointed Visiting Professor of BPP University Law School
  • Vice Chair of the Extradition Lawyers’ Association
  • Vice Chair (Crime) of the Ethics Committee of the Bar council of England and Wales
  • Elected Committee member of Fraud Lawyers Association

Former appointments

  • Elected and co-opted member of the Criminal Bar Association Committee 2011 -2018
  • Elected member of the Bar Council 2011 –2016
  • Ethics Committee 2011 to date
  • International Committee 2013 –2016
  • International Rule of Law Group 2015
  • Equality & Diversity Committee 2011 –2013
  • Gray’s Inn advocacy trainer

I, James Hines KC, 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 james.hines@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, 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 19.07.2018

Data Protection Policy

Legitimate Interests Assessment

James Hines KC 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.

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