Simon Farrell KC

Call: 1983 / Silk: 2003

"Simon has an excellent mind and a very effective strategic approach to matters."

Chambers UK 2024: Financial Crime

"A hugely intelligent and tenacious advocate who is an authority on POCA having written about the subject extensively. His client service is absolutely superb."

Chambers UK 2023: POCA Work

"A very experienced trial advocate who brings a unique angle to his cases. He's very confident and assertive, which puts clients at ease. They have a lot of respect for him."

Chambers UK 2024: POCA Work

"Simon is very good. He is effective and knows his stuff."

Chambers UK 2024: Financial Crime

"He is a strong advocate and has a charismatic presence before the court."

Chambers UK 2024: Financial Crime

Simon Farrell KC’s work is largely international.  He is a specialist in bribery, corruption, civil and criminal commercial fraud, money laundering, sanctions and the proceeds of crime.  He is one of the UK’s leading KC’s in these areas.  Simon is an excellent advocate, skilled case strategist and inspirational team leader.  He has recently worked in Gibraltar, Italy, Malawi, Dubai and the Sultanate of Brunei on the island of Borneo.

Simon deals with commercial and criminal litigation and frequently advises banks, financial institutions and  corporates during investigations. He has considerable experience of civil and criminal tax cases before the FTT, UTT and the Crown Court.

Simon sits as a Recorder at the Central Criminal Court (Old Bailey) and as a Deputy Deemster in the Isle of Man.

He is the co-author of several legal text books concerning the Fraud Act 2006, money laundering and the proceeds of crime published by Oxford University Press and Butterworths.

Legal Expertise

Money Laundering overview

Simon is one of the UK’s leading money laundering KCs. He has appeared in a number of important cases in the Court of Appeal which have defined the law in this area. Simon has also provided expert testimony in both domestic and foreign proceedings and has written books on the subject which have been published by Oxford University Press and Butterworths.

Simon provides exceptional support and expertise to banks, financial institutions, professionals and individuals who face investigation for fraud, money laundering and Proceeds of Crime Act issues such as failing to report suspicious activity and for breach of the Money Laundering Regulations and in respect of matters arising under the Sanctions and Anti Money Laundering Act 2018. He provides hands on advice and support from the outset through to the end of the case.

In 2021/22 Simon assisted a number of banks and financial institutions with money laundering issues, has successfully obtained the discharge of a £3 million Account Freezing Order under 303Z4 of the Proceeds of Crime Act 2002, and has dealt with cases in the Crown Court and the High Court concerning Chinese clients who have transferred funds into the UK via cash agents.  Simon is currently instructed in a major corruption case connected to Malawi and in Account Forfeiture proceedings estimated to last 3 months in the Magistrates’ Court in which the predicate offending is claimed by HMRC to be dishonestly evaded Landfill Tax and VAT.

If you have a money laundering or sanctions problem Simon is the KC of choice.

Notable Money Laundering cases

HMRC v JP [2022]

Simon was instructed to defend in a money laundering case concerning £30 million of sterling cash claimed by HMRC to be criminal property as it represented the proceeds of alcohol diversion fraud.

PP v RR & NB [2020/21]

Simon was instructed to defend in a corruption and money laundering case involving two High Court Judges before the Brunei High Court and the Brunei Court of Appeal.

R v SJ [2021]

Money laundering case at Southwark Crown Court involving large amounts of sterling cash exchanged in London in return for equivalent Chinese Yuan/Renminbi transferred in China and then used to buy real property within the UK. The legal issue was whether obtaining sterling in breach of the UK Money Laundering Regulations in the UK had the consequence that it became criminal property within the meaning of section 340 POCA 2002.

Re A Bank [2021]

Investigation into foreign a bank’s receipt of a large payment of 500m USD from the DRC suspected to be criminal property. Simon was instructed to advise and to write an expert's report for the bank's Regulator.

R v S [2020]

Simon acted for S in a case in which the funds of a businessman from Malawi had been frozen within the UK suspected of being the proceeds of corruption. The FO's were lifted.

R v B [2019/20]

Simon was instructed to advise in a £300 million money laundering investigation connected to the gold industry.

R v Pace & Rogers [2014] EWCA Crim 186 CA

Court of Appeal judgement concerning the requisite mens rea in a case of attempted money laundering when the commission of the full offence is impossible.

R v Akhtar [2011] 1 Cr App R 37 CA

Money laundering convictions of a mortgage broker quashed by the Court of Appeal because no money laundering offences had been committed as there was no predicate offending.

R v Kausar [2009] EWCA 2242 CA

Money laundering convictions quashed as the Crown Court had failed to deal with the issues of adequate consideration and possessing criminal property.

R v Meghrabi [2009]

£50 million of criminal cash laundered in a bureau de change.

R v Anwoir [2008] EWCA 1354 CA

A seminal case in which the Court of Appeal adopted Simon's definition of criminal property in money laundering offences when the original criminal conduct is unknown.

Bribery & Corruption overview

In recent years, Simon has been involved in complex international bribery and corruption cases connected to India, Africa, Europe, the USA and the Middle East. He successfully took an important case to the Court of Appeal in which it was established that it was a criminal offence of bribery in the UK to corrupt the agent of a foreign principal prior to the UKBA (AIL [2016] EWCA Crim 2). In 2019 he again succeeded in the Court Appeal in the Alstom case in which the Court dealt with the issue of corporate attribution. Between 2019 and 2021 he was instructed in a corruption and money laundering case before the Brunei High Court and the Brunei Court of Appeal. He is currently instructed in a major bribery investigation in Malawi and the UK.  If you are facing a bribery investigation or case, Simon has the experience and the expertise to help.

Notable Bribery & Corruption cases

Re S [2022]

Simon is instructed to advise in a major bribery and corruption investigation in the UK and Malawi.

PP v RR & NB [2021]

Simon instructed for the defence in a corruption case involving two High Court Judges before the Brunei High Court and the Court of Appeal.

R v Alstom Network UK Ltd (2019) EWCA Crim 1318

Seminal case in the Court of Appeal in which Simon successfully argued that there could be a fair trial of a corporate defendant for conspiracy to corrupt where its guilt depended on the guilt of an individual - its directing mind and will – in circumstances where the individual was neither indicted as a co-conspirator nor otherwise available to give evidence at the trial.

R v MA Birmingham Crown Court [2017]

Simon successfully secured the acquittal of MA, a commercial property developer, who faced charges alleging his involvement in dishonest and corrupt property purchases from STW and onward sales.

R v A Ltd [2016] 4 WLR 176

Simon successfully argued on an interlocutory appeal that the judge had been wrong to exclude evidence in a bribery and corruption trial. The case raises important issues concerning corporate criminal liability via its Directors under English law.

R v Sale [2013] EWCA CA

Leading confiscation case in the Court of Appeal on the issues of proportionality (AIPI), piercing the corporate veil and the proceeds of crime in cases of commercial corruption and bribery.

Confiscation & Asset Recovery overview

Simon has years of experience of advising clients who face issues arising under the Proceeds of Crime Act 2002. He is rated by the Chambers UK Guide to the Bar as one of the top QCs in this area of law in the UK. Simon frequently helps clients deal with search and seizure orders, Account Freezing/Forfeiture Orders under section 303Z of POCA 2002, restraint orders, confiscation proceedings, third party rights, enforcement of confiscation orders, civil recovery, Unexplained Wealth Orders (UWOs) and cash forfeiture. His advice, support and expertise are invaluable from the outset of a case so that the best results can be achieved for the client at the earliest possible time.

Notable Confiscation & Asset Recovery cases

NCA v CAO (2021)

Civil recovery case in the High Court in which the NCA claimed that Chinese nationals owned properties which were obtained through unlawful conduct. One issue was whether the use of unregistered cash agents in London had the consequence that funds generated were unlawfully obtained within the meaning of section 304 POCA 2002.

R v Zuman and Arshid Khan (2021) EWCA Crim 399

Simon successfully argued before the Court of Appeal that an £8m confiscation order should be quashed on a number of grounds including that the proceedings had been unfair in the Court below and that the statutory assumptions had been wrongly applied.

R v Hameed (Feezan) (2020) EWCA Crim 1768

Case in the Court of Appeal concerning the rules in confiscation proceedings regarding the admissibility of hearsay evidence.

NCA v R (2020) - Wimbledon Magistrates' Court

Simon successfully obtained the discharge of an Account Freezing Order for £3 million under section 303Z4 of POCA 2002 (as amended).

NCA v Odewale and Yadav (2020) EWHC 1609 (Admin)

Civil recovery case before the High Court involving whether Rolex watches and large amounts in bank accounts were recoverable property within the meaning of section 304 of POCA 2002 as having been obtained “through unlawful conduct”.

R v O (2019) Hereford Crown Court

Confiscation case arising out of the conviction of D for passing off battery chickens eggs as free range and making a profit of £3m. The issues concerned the correct definition of benefit and the application of the statutory assumptions.

R v Guraj (Lodvik) [2017] 1 WLR 22

A leading UK case in the Supreme Court regarding whether in confiscation proceedings jurisdiction was lost when there had been excessive delay in the Crown Court.

R v Ali (Salah) [2014] EWCA Crim 1658

Significant case concerning planning enforcement notices and the statutory confiscation regime. The Court of Appeal quashed a confiscation for £1.438 million as rents received prior to enforcement notices were not the proceeds of crime.

R v Ahmad Fields & Others [2014] UKSC 2012/0082 & UKSC 2013/0271

[2014] Supreme Court UKSC 2012/0082 and UKSC 2013/0271. Important linked Supreme Court cases regarding whether the proceeds of crime jointly obtained should be apportioned in a multi handed confiscation case.

R v Lambert & Walding [2012] EWCA Crim 421 CA

Leading case in the Court of Appeal on the issue of whether benefit should be divided between defendants in confiscation cases when each has the means to pay.

R v McIntosh [2011] EWCA Crim 1501CA

Leading case in the Court of Appeal on how the Crown Court should approach the question of hidden assets at a confiscation hearing.

R v Raykanda [2011] EWCA Crim 1896

£3.8m confiscation order quashed by the Court of Appeal in a VAT (MTIC) fraud case.

RCPO v Iqbal [2010] EWCA Crim 376 CA

Leading case in the Court of Appeal on the issue of when postponement in confiscation proceedings deprives the Court of jurisdiction.

R v Shabbir [2010] EWCA 2010 CA

The Court of Appeal quashed a confiscation order as the statutory assumptions had been wrongly applied.

R v Nelson, Pathak & Paulet [2009] EWCA Crim 1573 CA

Leading case in the Court of Appeal, the Lord Chief Justice giving guidance as to when confiscation proceedings should be stayed as an abuse of the process.

Civil & Criminal Tax Cases

Civil & Criminal Tax Cases overview

Simon has considerable experience of HMRC investigations, civil tax enquiries, tax planning schemes, cases before the First Tier Tax Tribunal (FTT), and the Upper Tax Tribunal (UTT) and criminal prosecutions for Cheating the Revenue in the Crown Court. Simon has defended in some of the most serious VAT and tax frauds prosecuted in the last decade involving tax losses of over £500 million. His expertise in this area straddles both the civil  and criminal law. Recently Simon has been instrumental in persuading HMRC not to bring charges of serious VAT fraud and tax cheat against several clients facing criminal investigations. He is currently acting in a number of  cases in which individuals are being investigated for tax fraud and money laundering by HMRC. In addition, he is instructed before the FTT by the Director of an alcohol business who has been issued with a Personal Liability Notice (PLN) by HMRC on the grounds that he knew or ought to have known that his trade was connected to a fraudulent tax loss (the Kittel test). He is also instructed before the FTT in a case concerning the correct valuation of goodwill for SDLT and Corporation Tax purposes.

Notable Civil & Criminal Tax Cases cases

HMRC v N (2022) FTT

Simon is instructed in a case in which the FTT will consider how to value the goodwill of a business for the purposes of SDLT and Corporation Tax deductions.

HMRC v RJ (2022) FTT

Simon is instructed in a case in which HMRC have issued a Personal Liability Notice against a Director of a wholesale alcohol business on the grounds that he knew or ought to have known that his transactions were connected to a fraudulent tax loss pursuant to the Kittel test.

Synectiv Ltd v HMRC [2018] FTT TC 2010 0699

Simon successfully acted for a company before the FTT concerning its claim for £1.4m of VAT in respect of mobile phone exports which had been wrongly denied by HMRC.

Synectiv Limited v HMRC (Upper Tax Tribunal) [2017] UKUT 0099 (TCC)

An important case in which the Upper Tax Tribunal quashed the decision of the First Tier Tribunal (Tax) for inadequate reasoning in its judgement.

PC v HMRC-[2017] TC/2016/02491

Simon successfully acted for a senior barrister in the First Tier Tax Tribunal who HMRC had wrongly found guilty of deliberate tax evasion. The penalties imposed by HMRC for deliberate tax evasion were quashed.

R v E & Others [2015]

(2015) Southwark Crown Court. Simon successfully defended a City broker who faced charges related to a tax avoidance scheme. It concerned tax reliefs claimed in respect of an “active” film production partnership.

Synectiv Limited v HMRC [2013] TC 2010/06699 First Tier Tax Tribunal

Whether trader knew or should have known that its transactions were connected to a fraudulent tax loss.

R v Ahmed [2013] EWHC (Admin)

Leading case in the High Court on the issues of civil recovery, cash forfeiture, tax fraud and proportionality.

Data Select Limited v Commissioners RCPO [2012]

UTT Upper Tax Tribunal case on time limits FTC/19/2011 considering when to permit appeals out of time.

HT Purser Ltd v HMRC [2011] FTT (LON/1008/1273)

Successfully obtained approximately £900,000 for a mobile phone trader before the Tax Tribunal.

R v Khan [2011]

(2011) Southwark Crown Court. Defended in a £45m VAT fraud (Operation Euripus).

Criminal Litigation & Appeals overview

Simon acts for those accused of fraud, conspiracy, cheating the Revenue, money laundering and corruption offences in both the Crown Court and the Court of Appeal. He is ranked in the Chambers UK Guide to the Bar as a leading QC in these areas. His cases are international and he frequently works abroad. Simon is  also an expert in preparing and conducting criminal appeals against conviction, confiscation orders and sentence when he did not appear in the lower courts. He has appeared successfully in the Court of Appeal on numerous occasions. If you wish to appeal a criminal conviction or a confiscation order in the Court of Appeal Simon is the QC of choice.

Notable Criminal Litigation & Appeals cases

PP v RR & NB [2019-2021]

Simon was instructed to defend in a corruption and money laundering case involving High Court Judges before the Brunei High Court and the Brunei Court of Appeal on the Island of Borneo.

R v Zuman and Arshid Khan (2021) EWCA Crim 399

Simon successfully argued before the Court of Appeal that a £8m confiscation order should be quashed on a number of grounds including that the proceedings had been unfair in the Court below and that the statutory assumptions had been wrongly applied.

R v Hameed (Feezan) (2020) EWCA Crim 1768

Case in the Court of Appeal concerning the rules in confiscation proceedings regarding the admissibility of hearsay evidence.

R v Alstom Network Limited (2019) 2 Cr App R 34

An important case in the Court of Appeal concerning corporate attribution and trials in absence of Directors when their criminal conduct is relied upon to found the conviction of the company.

R v AIL & Others [2018]

(2018) Southwark Crown Court Simon acted as Lead Counsel for the Serious Fraud Office in successfully prosecuting a company in the Alstom Group for a criminal conspiracy to bribe and corrupt public officials in Tunisia connected to Alstom securing a valuable tram contract in the City of Tunis.

R v RJ [2017] EWCA Crim 1943

Simon successfully argued in the Court of Appeal that RJ’s conviction for importing 650 kilos of cannabis should be quashed on the grounds that inadmissible bad character evidence had wrongly been presented to the jury. Simon had not appeared at trial.

R v Bala (Yilkes) [2016] EWCA Crim 560

A landmark case in the CA concerning whether parties to a polygamous marriage recognised by English law could enter into a criminal conspiracy.

R v Colston Hayter & Others [2014]

[2014] Southwark Crown Court Successful prosecution of a cyber-gang responsible for stealing millions from leading banks.

R v Lord Rodley & Others [2012]

(2012) Southwark Crown Court Successfully prosecuted a multi-million pound boiler room fraud involving the dishonest miss-selling of worthless shares to hundreds of investors.

R Bala (2014)

Successful prosecution of a number of defendants who were convicted of illegally employing staff in the security industry contrary to the Immigration rules and having secured false UK passports from a dishonest employee at the Home Office.

R v Lord Rodley & Others [2009]

(2009) Snaresbrook Crown Court Successful prosecution of a gang who attempted to steal £229 million from a leading bank in the City of London by taking over their computers.

R v Avery & Others [2008]

(2008) Winchester Crown Court Simon Successfully argued that there was no case to answer against an animal rights activist who was allegedly involved in major conspiracy to blackmail in connection with the SHAC campaign.

Civil Litigation overview

Simon has experience in a wide range of commercial and civil cases including arbitrations. Recently he has been involved in a number of claims in the High Court concerning the mis-selling of derivative products (IRHPs) to small and medium sized businesses by the leading banks. He was part of a legal team in a multi-jurisdictional commercial dispute regarding the ownership of a Kyrgyzstan mobile phone company. He has also been involved in an arbitration in Dubai regarding a construction dispute concerning the Meydan race track. Simon’s expertise is particularly useful where fraud, money laundering, corruption, misrepresentation and breach of contract are alleged in civil proceedings. In addition, he has recently acted in a number of property disputes concerning noise nuisance from building works and partnership disputes.

Extradition overview

Simon provides advice and assistance to those who need advice regarding mutual legal assistance and extradition.

Notable Extradition cases

Peter Neville v Secretary of State for Justice [2021] EWHC 957 (Admin)

A case involving a UK national sentenced to life imprisonment in Thailand for drugs offences and who was then transferred back to the UK under the 1991 Prisoner Transfer Treaty with Thailand. The issue was whether PN was a transferred life prisoner under section 273 of the CJA 2003 and therefore had the right to have a tariff set by the High Court for his release or whether, in the light of Thai Royal Pardons, he was to be treated as determinate prisoner.

United States v Dempsey [2018] 4 WLR 110

Important High Court extradition case concerning dual criminality and the relationship between the US offence of obstruction of justice and the English offence of perverting the course of justice.

SD v Netherlands [2012] EWHC 697 (Admin)

Successfully obtained the quashing of a European Arrest Warrant for a senior banker as it lacked particularity and failed the dual criminality test.

Money laundering

PP v RR & NB [2020/21]
Simon was instructed for the defence in a corruption and money laundering case involving two High Court Judges before the Brunei High Court and the Brunei Court of Appeal.  

R v SJ [2021]
Money laundering case at Southwark Crown Court involving large amounts of sterling cash exchanged in London in return for Chinese Yuan/Renminbi transferred in China and then used to buy real property within the UK.  The legal issue was whether obtaining sterling in breach of the UK Money Laundering Regulations meant that it became criminal property within the meaning of section 340 POCA 2002.

Re A Bank [2021]
Investigation into a bank’s receipt of large amount of funds suspected to be criminal property.

R v P [2021/22]
Simon was instructed to defend in a case involving the smuggling of substantial amounts of alcohol into the UK and the laundering of the proceeds in cash.

R v S [2020]
Simon acted for S in a case in which the funds of a businessman from Malawi had been frozen within the UK suspected of being the proceeds of corruption.

R v B [2019]
Simon instructed to advise in £300m money laundering investigation connected to the gold industry.

R v Pace & Rogers [2014] EWCA Crim 186 CA
Court of Appeal judgement concerning the requisite mens rea in a case of attempted money laundering when the commission of the full offence is impossible.

R v Akhtar [2011] 1 Cr App R 37 CA
Money laundering convictions of a mortgage broker quashed by the Court of Appeal because no money laundering offences had been committed as there was no predicate offending.

R v Kausar [2009] EWCA 2242 CA
Money laundering convictions quashed as the Crown Court had failed to deal with the issues of adequate consideration and possessing criminal property.

R v Meghrabi [2009]
£50 million of criminal cash laundered through a bureau de change.

R v Anwoir [2008] EWCA 1354 CA
A seminal case in which the Court of Appeal adopted Simon’s definition of criminal property in money laundering offences when the original criminal conduct is unknown.

R v Uddin [2007]
(2007) Ipswich Crown Court
Money laundering £114 million.

R v Ali, Bhatti & Khan [2006]
(2006) Leeds Crown Court
Money laundering £170 million.

R v Wahid [2006]
(2006) Leeds Crown Court
Successfully obtained dismissal of charges in a case in which W was alleged to have laundered £150 million.

Bribery & Corruption

PP v RR & NB [2021]
Brunei High Court and Brunei Court of Appeal.
Simon is instructed for the defence in a corruption case involving two High Court Judges before the Brunei High Court and the Court of Appeal

R v Alstom Network UK Ltd (2019) EWCA Crim 1318
Seminal case in the Court of Appeal in which Simon successfully argued that there could be a fair trial of a corporate defendant for conspiracy to corrupt where its guilt depended on the guilt of an individual – its directing mind and will – in circumstances where the individual was neither indicted as a co-conspirator nor otherwise available to give evidence at the trial.

R v MA Birmingham Crown Court [2017]
Simon successfully secured the acquittal of MA, a commercial property developer, who faced charges alleging his involvement in dishonest and corrupt property purchases from STW and onward sales.

R v A Ltd [2016] 4 WLR 176
Simon successfully argued on an interlocutory appeal that the judge had been wrong to exclude evidence in a bribery and corruption trial. The case raises important issues concerning corporate criminal liability via its Directors under English law

R v Sale [2013] EWCA CA
Leading confiscation case in the Court of Appeal on the issues of proportionality (AIPI), piercing the corporate veil and the proceeds of crime in cases of commercial corruption and bribery

Confiscation & Asset Recovery

R v Zuman and Arshid Khan (2021) EWCA Crim 399
Simon successfully argued before the Court of Appeal that a £8m confiscation should be quashed on a number of grounds including that the proceedings had been unfair in the Court below and that the statutory assumptions had been wrongly applied

R v Hameed (Feezan) (2020) EWCA Crim 1768
Case in the Court of Appeal concerning the rules in confiscation proceedings regarding the admissibility of hearsay evidence.

NCA v R (2020) Wimbledon Magistrates Court
Simon successfully obtained the discharge of an Account Freezing Order for £3 million under section 303Z4 of POCA 2002 (as amended)

NCA v Odewale and Yadav (2020) EWHC 1609 (Admin)
Civil recovery case before the High Court involving whether Rolex watches and large amounts in bank accounts were recoverable property within the meaning of section 304 of POCA 2002 as having been obtained “through unlawful conduct”.

R v O (2019) Hereford Crown Court
Confiscation case arising out of the conviction of D for passing off battery chickens eggs as free range and making a profit of £3m. The issues concerned the correct definition of benefit and the application of the statutory assumptions.

R v Guraj (Lodvik) [2017] 1 WLR 22
A leading UK case in the Supreme Court regarding whether in confiscation proceedings jurisdiction was lost when there had been excessive delay in the Crown Court.

R v Ali (Salah) [2014] EWCA Crim 1658
Significant case concerning planning enforcement notices and the statutory confiscation regime. The Court of Appeal quashed a confiscation for £1.438 million as rents received prior to enforcement notices were not the proceeds of crime.

R v Ahmad Fields & Others [2014] UKSC 2012/0082 & UKSC 2013/0271
[2014] Supreme Court UKSC 2012/0082 and UKSC 2013/0271
Important linked Supreme Court cases regarding whether the proceeds of crime jointly obtained should be apportioned in a multi handed confiscation case.

R v Lambert & Walding [2012] EWCA Crim 421 CA
Leading case in the Court of Appeal on the issue of whether benefit should be divided between defendants in confiscation cases when each has the means to pay.

R v McIntosh [2011] EWCA Crim 1501CA
Leading case in the Court of Appeal on how the Crown Court should approach the question of hidden assets at a confiscation hearing.

R v Raykanda (2011) EWCA 1896
£3.8m confiscation order quashed by the Court of Appeal in a VAT (MTIC) fraud case.

RCPO v Iqbal [2010] EWCA Crim 376 CA
Leading case in the Court of Appeal on the issue of when postponement in confiscation proceedings deprives the Court of jurisdiction.

R v Shabbir [2010] EWCA 2010 CA
The Court of Appeal quashed a confiscation order as the statutory assumptions had been wrongly applied.

R v Nelson, Pathak & Paulet [2009] EWCA Crim 1573 CA
Leading case in the Court of Appeal, the Lord Chief Justice giving guidance as to when confiscation proceedings should be stayed as an abuse of the process.

Civil & Criminal Tax

Synectiv Ltd v HMRC [2018] FTT TC 2010 0699
Simon successfully acted for a company before the FTT concerning its claim for £1.4 m of VAT in respect of mobile phone exports which had been wrongly denied by HMRC.

Synectiv Limited v HMRC (Upper Tax Tribunal) [2017] UKUT 0099 (TCC)
An important case in which the Upper Tax Tribunal quashed the decision of the First Tier Tribunal (Tax) for inadequate reasoning in its judgement.

PC v HMRC-[2017] TC/2016/02491
Simon successfully acted for a senior barrister in the First Tier Tax Tribunal who HMRC had wrongly found guilty of deliberate tax evasion. The penalties imposed by HMRC for deliberate tax evasion were quashed.

R v E & Others [2015]
(2015) Southwark Crown Court
Simon successfully defended a City broker who faced charges related to a film partnership tax avoidance scheme. It concerned tax reliefs claimed in respect of an “active” film production partnership.

Synectiv Limited v HMRC [2013] TC 2010/06699 First Tier Tax Tribunal
Whether trader knew or should have known that its transactions were connected to a fraudulent tax loss.

R v Ahmed [2013] EWHC (Admin)
Leading case in the High Court on the issues of civil recovery, cash forfeiture, tax fraud and proportionality.

Data Select Limited v Commissioners RCPO [2012]
UTT Upper Tax Tribunal case on time limits FTC/19/2011 considering when to permit appeals out of time.

HT Purser Ltd v HMRC [2011] FTT (LON/1008/1273)
Successfully obtained approximately £900,000 for a mobile phone trader before the Tax Tribunal. HMRC’s claim that the Director knew or ought to have known that his transactions were connected to a fraudulent tax loss was rejected by the FTT.

R v Khan [2011]
(2011) Southwark Crown Court
Defended in a £45m VAT fraud (Operation Euripus).

R v Jeyakumar [2007]
(2007) Northampton Crown Court
MTIC VAT fraud £40 million operation Devout

R v Mehmet [2007]
(2007) Northampton Crown Court. MTIC VAT fraud £12 million

R v Karagozlu, Yiannakis & Others [2005]
(2005) Kingston Crown Court
Criminal confiscation hearing VAT fraud mobile phone industry global benefit £86million.

R v Coate [2005]
(2005) Bristol Crown Court
£1million VAT fraud involving the Agricultural Flat Rate Scheme

Criminal Litigation & Appeals

PP v RR & NB [2019-2021]
Brunei High Court and Brunei Court of Appeal
Simon was instructed to defend in a corruption and money laundering case involving High Court Judges before the Brunei High Court and the Brunei Court of Appeal

R v Alstom Network Limited (2019) 2 Cr App R 34
An important case in the Court of Appeal concerning corporate attribution and trials in absence of Directors when their criminal conduct is relied upon to found the conviction of the company

R v AIL & Others [2018]
(2018) Southwark Crown Court
Simon acted as Lead Counsel for the Serious Fraud Office in successfully prosecuting a company in the Alstom Group for a criminal conspiracy to bribe and corrupt public officials in Tunisia connected to Alstom securing a valuable tram contract in the City of Tunis.

R v RJ [2017] EWCA Crim 1943
Simon successfully argued in the Court of Appeal that RJ’s conviction for importing 650 kilos of cannabis should be quashed on the grounds that inadmissible bad character evidence had wrongly been presented to the jury. Simon had not appeared at trial.

R v Bala (Yilkes) [2016] EWCA Crim 560
A landmark case in the CA concerning whether parties to a polygamous marriage recognised by English law could enter into a criminal conspiracy.

R v Colston Hayter & Others [2014]
[2014] Southwark Crown Court
Successful prosecution of a cyber-gang responsible for stealing millions from leading banks.

R v Lord Rodley & Others [2012]
(2012) Southwark Crown Court
Successfully prosecuted a multi-million pound boiler room fraud involving the dishonest miss-selling of worthless shares to hundreds of investors.

R Bala (2014)
Successful prosecution of a number of defendants who were convicted of illegally employing staff in the security industry contrary to the Immigration rules and having secured false UK passports from a dishonest employee at the Home Office.

R v Lord Rodley & Others [2009]
(2009) Snaresbrook Crown Court
Successful prosecution of a gang who attempted to steal £229 million from a leading bank in the City of London by taking over their computers.

R v Avery & Others [2008]
(2008) Winchester Crown Court
Simon successfully argued that there was no case to answer against an animal rights activist who was allegedly involved in major conspiracy to blackmail in connection with the SHAC campaign.

Extradition

Peter Neville v Secretary of State for Justice [2021] EWHC 957 (Admin)
A case involving a UK national sentenced to life imprisonment in Thailand for drugs offences and who was then transferred back to the UK under the 1991 Prisoner Transfer Treaty with Thailand. The issue was whether PN was a transferred life prisoner under section 273 of the CJA 2003 and therefore had the right to have a tariff set by the High Court for his release or whether, in the light of Thai Royal Pardons, he was to be treated as determinate prisoner.

United States v Dempsey [2018] 4 WLR 110
Important High Court extradition case concerning dual criminality and the relationship between the US offence of obstruction of justice and the English offence of perverting the course of justice.

SD v Netherlands [2012] EWHC 697 (Admin)
Successfully obtained the quashing of a European Arrest Warrant for a senior banker as it lacked particularity and failed the dual criminality test.

Key contacts

“I am absolutely grateful for your performance in this trial. I am entirely satisfied with you and how you conducted it. You are certainly a cut above the rest and the best and hopefully the last barrister in the United Kingdom I have had and will ever have! Once again whatever way the decision goes, thank you so much. Myself and my family are indeed utterly grateful”. Thanks expressed to Simon after a recent trial in London.

“Simon has an excellent mind and a very effective strategic approach to matters.”  Chambers UK 2024:  Financial Crime

“A hugely intelligent and tenacious advocate who is an authority on POCA having written about the subject extensively. His client service is absolutely superb.”  Chambers UK 2023:  POCA Work

“A very experienced trial advocate who brings a unique angle to his cases. He’s very confident and assertive, which puts clients at ease. They have a lot of respect for him.”  Chambers UK 2024:  POCA Work

“Simon is very good. He is effective and knows his stuff.”  Chambers UK 2024:  Financial Crime

“He is a strong advocate and has a charismatic presence before the court.”  Chambers UK 2024:  Financial Crime

“A hugely intelligent and tenacious advocate who is an authority on POCA having written about the subject extensively. His client service is absolutely superb.”  Chambers UK 2023:  POCA Work

“Simon is a very experienced silk. He is good at arguing points.”  Chambers UK 2023:  Financial Crime

“Has encyclopaedic knowledge of confiscations and prepares meticulously. He is particularly good where there is an international element involved.”  Chambers UK 2022:  POCA Work

“A strong advocate who is brilliant with a jury.”  Chambers UK 2022 POCA Work

“Very bright and tenacious with a good courtroom manner.” “A brilliant cross-examiner – he is hugely experienced and an absolute pleasure to work with.”  Chambers UK 2021:  Financial Crime

“An extremely charming operator…”  Chambers UK 2021:  POCA Work

“He’s a clever, committed, punchy, robust and decisive advocate.”  Chambers UK 2021:  POCA Work

“He has a very meticulous legal mind …”  Chambers UK 2020:  Financial Crime

“He does a first-class job.” Chambers UK 2020: Financial Crime

“He has a very meticulous legal mind. Chambers UK 2020: Financial Crime

“A delightful man.” Chambers UK 2020: POCA Work

“Very commercial and pragmatic, he’s good at working out what’s really at stake.” Chambers UK 2020: POCA Work

“A walking textbook on money laundering and proceeds of crime.” Chambers UK 2020: POCA Work

“A very competent and stylish barrister who has an excellent grasp of the overall strategy required in a case.” Chambers UK 2019: Financial Crime

“A great courtroom advocate. He is very good on the technical stuff – when it comes to POCA matters that’s invaluable.” Chambers UK 2019: POCA Work

“He has a first-class mind and is brilliant at developing complex legal submissions.” Chambers UK 2018

“Has considerable experience in asset tracing and confiscation matters.” Chambers UK 2018 Financial Crime

“A Rolls-Royce practitioner who does a lot of POCA work up to Supreme Court level.” Chambers UK 2018: POCA Work

“You have shown your fantastic and exceptional advocacy which has proved your reputation as a well-respected QC in your field. During the case I have learned lot about you as an individual – you have many qualities but above all you are a very kind, caring and humane man! I recall our meetings in the morning at HQ when you used to ask me ‘how are you, just try to relax a little ‘ and my reply was ‘I am fine but please get me out of this mess’ which you certainly have done so with blessing of God and your help. I wish to continue our relationship and remain good friends in the future” Thanks expressed to Simon by a client after a long trial in 2017

“A forceful advocate with a strong courtroom presence.” Legal 500 2017: Fraud

“His most impressive quality is his ability to pare down POCA into simple and understandable points.” Legal 500 2017: Proceeds of Crime and Asset Forfeiture

“very solid and has a good client manner and is thorough in his approach.” Chambers UK 2017: Financial Crime

“he is very personable and a really good advocate.” Chambers UK 2017: POCA Work

‘Held in high esteem by peers and clients alike for the outstanding quality of his criminal and civil work.

“Judges respond well to him – he retains credibility even when arguing difficult points.” Chambers UK 2016: Financial Crime

“A fount of knowledge on proceeds of crime,” he is both “tenacious and creative in his approach.” “He’s a very experienced, silver-tongued advocate.” Chambers UK 2016: POCA Work

“Highly regarded for POCA matters as well as civil and criminal fraud”. Legal 500 2015 – Fraud

“A veteran advocate whose practice covers a wide range of serious criminal cases.” “He is very strong on complex legal arguments and can handle high-profile cases to a very high standard.” Chambers UK 2015: Crime

“Judges give him credence because of his reputation in serious fraud. They ask his opinion and listen to what he says.” Chambers UK 2015: Financial Crime

“He really knows his courts and is really tenacious in achieving his aims.” Chambers UK 2015: POCA Work

“His expertise spans tax fraud, bribery, corruption, money laundering and confiscation.” Legal 500 2014: Fraud

“Very highly regarded.” “He is very clever, and good at understanding the concepts and issues relevant to the case.” Chambers UK 2014: Crime

“A very good advocate and an exceptionally bright lawyer when it comes to financial crime.” “He’s very diligent and very hard-working.” Chambers UK 2014: Fraud

“Highly experienced at dealing with POCA matters.” “He is thorough, highly personable and engaging with clients, and he has good presence in the courtroom.” Chambers UK 2014: POCA

  • BA (Hons) (Cantab),
  • MA (Cantab) Gonville and Caius College,
  • Cambridge University
  • Diploma in Law (City University)
  • Hardwicke Scholar Lincolns Inn
  • Thomas Moore Award, Lincolns Inn
  • Kings School, Canterbury
  • Money Laundering Law and Regulation (OUP) (2011)
  • Guide to the Fraud Act 2006 (OUP 2007)
  • Co-author “Asset Recovery: Criminal Confiscation and Civil Recovery” ed Owen and Smith (Butterworths 2004 and 2nd Edition 2007)
  • The Proceeds of Crime Act 2002 (Butterworths 2003)
  • CBA response to Government proposals for new law of fraud 2005
  • Article European Lawyer Magazine June 2005 Implementation in European states of the EC Money Laundering Directives
  • Assisted in drafting the Criminal Bar’s response to government proposals for civil seizure of criminal assets in the High Court
  • Crown Court Recorder (2007)
  • Member of Serious and Organised Crime Agency (SOCA) Asset Recovery Committee (2008)
  • Attorney General’s A list of prosecuting counsel in serious fraud cases (2002)
  • Appointed part-time Deemster, Isle of Man (2012)
  • Appointed to the SFO Prosecution List of Approved King’s Counsel (2009, 2013 and in 2020)
  • Appointed to the SFO PoCA List of Approved King’s Counsel (2009, 2013 and in 2020)
  • Called to the Brunei Bar 2019

Assists the Criminal Bar Association in its preparation of responses to government legislation.

Regularly gives lectures on the law of criminal fraud, confiscation and money laundering for and on behalf of major law firms and legal publishers

Chair of the CBA’s working party on the law of Corruption. Gave evidence to Parliamentary Committee on Corruption Chaired by Lord Slynn on behalf of CBA in 2004

Chair of the CBA working party on the radical reform to the law of fraud in 2005.

I, Simon Farrell 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 simon.farrell@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, and 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 – 12.06.2018

Data Protection Policy

Legitimate Interests Assessment

Simon Farrell KC is qualified to accept instructions direct from clients under the Bar Council’s Public Access Scheme and is authorised by the BSB to conduct litigation. This means that members of the public can instruct Simon at an early stage and he can conduct the whole case from start to finish with a legal team put together by him. This has obvious advantages to clients in terms of saving costs and so far as focus and consistency of case strategy is concerned.

In addition Simon 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.

He may also accept instructions direct from clients who carry on business or usually reside outside England and Wales, provided that the work is advisory. In such matters, if representation is required, a registered European lawyer may instruct us in the same way as a solicitor of England and Wales.

His Clerks Dean Brown and Eddie Holland will be pleased to assist with any enquiries.

Please call them on 020 7400 6400 to discuss.

For further information please contact our Clerks.