Fountain Court Chambers

London & Singapore

Eleanor DavisonCall Date: 2003

Eleanor Davison is a leading junior in corporate crime, regulatory law, financial services. She specialises in cross border and internal investigations cases in criminal fraud, bribery and corruption, money laundering, POCA related issues, sanctions violations and FCA and PRA regulatory issues.

She is regularly instructed by businesses, multinational banks, the insurance, sector, government agencies and senior executives who are the subject of investigation and also advises on risk and compliance. Eleanor’s practice is unusual in that she is also instructed by the FCA and the Bank of England and was on the SFO panel for a number of years.

Eleanor is currently instructed as criminal and regulatory counsel to the Dame Linda Dobbs Review into Lloyds Banking Group, which is considering whether the issues relating to the HBOS Reading fraud were investigated and appropriately reported to authorities.

Eleanor advocates in the Commercial Court, the Criminal Court and regulatory tribunals and is co-editor of the Practitioner’s Guide to Global Investigations.

Eleanor was listed in Who’s Who Legal as a Future Leader in investigations in 2019 and is recommended as a leading junior in the legal directories in the following areas:

  • Financial Crime (Chambers and Partners)
  • Financial Crime Corporates (Chambers and Partners)
  • Financial Services (Chambers and Partners)
  • Proceeds of Crime (Legal 500)
  • Financial Services (Legal 500)
  • Business and Regulatory Crime (Legal 500)

 

Recent editions of these directories have said:

Has a phenomenal brain and in-depth knowledge of her area of expertise. She is quick-witted, alert to opposing arguments and a delight to work with – a real star to watch.” (Chambers and Partners UK 2019, Financial Crime)

Eleanor is excellent at team-working and explaining difficult matters to clients.” (Chambers and Partners UK 2019, Financial Crime Corporates)

 “A brilliant lawyer, she combines a rare expertise in both financial services regulation law and those aspects of criminal law which engage with regulated financial activity.” (Legal 500 2019, Financial Services Regulation)

She is hard-working, well organised, and does not jump to conclusions until she is comfortable that she has sufficient facts.” “She has bundles of common sense.” (Chambers and Partners UK 2019, Financial Services)

Energetic, intellectual and decisive.” (Legal 500 2019, Proceeds of Crime Act and Asset Forfeiture)

“A strong team player with superb communication skills who provides high-quality input under challenging conditions. She has an impressive record of counselling clients from the financial services industry facing multi-jurisdictional, multi-agency investigations. Her areas of expertise include market manipulation and money laundering allegations.” (Chambers and Partners UK 2019, Financial Crime Corporates)

“Very good and particularly experienced in complex investigations involving financial institutions.” (Chambers and Partners UK 2019, Financial Crime Corporates)

‘Highly knowledgeable in the field of financial regulatory law and global investigations.’ (Financial Services, Leading juniors, Legal 500 2019)

“She has a mastery of detail and writes very well. As she has been at the FCA she has a lot more real world experience than other people at her level, and this maker her more commercial in her approach.” (Chambers and Partners UK, Financial Crime 2018)

“Very user friendly, very organised and very clever.” (Chambers and Partners UK, Financial Services 2018)

Areas of Expertise

  • Banking & finance
  • Professional discipline
  • Financial services
  • Professional negligence

Corporate Crime & Investigations

Eleanor’s expertise in cross border criminal and regulatory investigations is unrivalled. She acted for Barclays Bank in both the SFO and FCA investigations into the Qatar capital raising as well as in the related Commercial Court proceedings. She acted for a financial institution in the Libor proceedings and also did so in relations to the global Forex investigation. She has expertise in all areas of financial crime including advising firms which are being investigated by the SFO and those which may be seeking a Deferred Prosecution Agreement. Eleanor’s practice includes advising on compliance with money laundering and sanctions regimes, with requests under the Crime (International Co-operation Act) 2003, as well as assisting financial institutions and solicitor’s firms with third party disclosure issues.

Her practice extends to enforcement cases. She was instructed as senior external counsel by the Enforcement division of the FCA in the Standard Chartered Bank (Standard Chartered) case where the second largest financial penalty for AML control failings was imposed by the FCA in a case that involved considerable cross border co-operation. Her role included leading a team of investigators, including the 8 other counsel, to assess evidence on financial crime risk; as well as drafting internal memos to brief the Head of Enforcement, Mark Steward, on novel investigative points. Eleanor’s role, leading part of the case team, was very unusual and has given her an unrivalled insight into how Enforcement investigates and prepares a case.

She recently advised the Bank of England in its role as PRA in its first enforcement proceedings against a category 1 systemically important bank.

Eleanor is recognised as a leading senior junior in this area and is instructed in high profile cases in the business crime sector, many of which have cross border issues.

Recent cases include:

  • The Dame Linda Dobbs Review
  • Acted for the private investment arm of DFiD regarding financial crime concerns on a World Bank Investment in Sierra Leone.
  • SFO v Barclays Bank PLC (The Barclays/Qatar capital raising case). Eleanor acted for the corporate in the SFO and FCA proceedings as well as the civil case brought by PCP for 6 years.
  • SFO v a company. Acting for a multinational corporate in the construction sector in a bribery and competition law investigation.
  • Advising on law firms on production in response to requests for material from overseas prosecutors under the Crime (International Co-operation) Act 2003.
  • Advising an insurer on the risks associated with insuring medicinal and recreational cannabis in the UK and abroad.
  • SFO v a bank. Advised on the first ever warrant application for privileged material brought against a corporation in the UK which engaged complex argument on privilege and corporate liability.
  • Re BB PLC, criminal and regulatory global Libor investigation.
  • Acted for a bank in the global Forex investigations.
  • Advised Credit Suisse advising on a range of matters from criminal investigations to third party disclosure obligations.

Financial Services

Eleanor is recognised as a leading junior in financial services law. She is instructed by the FCA, companies and individuals on enforcement actions as well as compliance with the FCA’s regulatory requirements. Eleanor’s expertise in this area is highly sought after as she led an internal FCA investigation for Enforcement for 18 months. Eleanor was seconded to group litigation at Barclays Bank providing invaluable knowledge of how a major banking institution functions.

  • Advising the Bank of England in its PRA’s first case against a Category 1 PRA-regulated firm (i.e. a systemically important institution) for failures in its regulatory reporting systems, controls and governance arrangements. See https://www.bankofengland.co.uk/news/2019/november/pra-fines-citigroups-uk-operations-44-million-for-failings.
  • Senior external counsel instructed by the Enforcement Division of the FCA in the Standard Chartered Bank (Standard Chartered) case where the second largest financial penalty for AML control failings was imposed by the FCA in a case that involved considerable cross border co-operation. Her role included leading a team of investigators, including 8 other counsel, to assess evidence on financial crime risk; as well as drafting internal memos to brief the head of enforcement, Mark Steward, on novel investigative points. Eleanor’s role, leading part of the case team, was very unusual and has given her an unrivalled insight into how Enforcement investigates and prepares a case.
  • Statutory ring fencing schemes, advised two banks on the interaction of the ring fencing scheme with the requirements of the Proceeds of Crime Act 2002, with Michael Moore QC, Erskine Chambers.
  • The Dame Linda Dobbs Review, which is considering Lloyds Banking Groups regulatory reporting obligations.
  • FCA v AB , appeared in the RTC in this change in control matter led by Andy George QC.
  • Acted for a banking institution in respect of the FCA FOREX and LIBOR investigations.
  • Acted for Barclays Bank in respect of concurrent SFO, FCA, DOJ, SEC and FED investigations into the 2008 capital raisings from Qatar.
  • Advising a bank on the application of PRA guidance relating to malus and remuneration.

Eleanor regularly advises senior executives on FCA compliance including those holding positions under the Senior Managers Regime.

  • Advising a client in respect of asset recovery for funds allegedly taken by an IFA.
  • Advising a financial institution in respect of s166 reports.
  • Eleanor also advises on non contentious and other matters such as change in control issues.

 

Commercial

Eleanor acts in the County Court and the High Court on civil fraud matters as well as in pure commercial disputes. She has experience in the aviation sector and has acted in a high value contractual dispute between two national airlines. She regularly acts in case management hearings and pre action disclosure applications as well as settling pleadings.

Health, Safety & Environment

Eleanor also has a strong Health and Safety practice defending corporations. She was instructed for the defence in the first Corporate Manslaughter prosecution R v Cotswold Geotech and regularly acts for companies and individuals charged with offences under the Health and Safety at Work Act.

Eleanor was instructed by Berrymans Lace Mawer in a health and safety and personal injury case arising from an accident on the James Bond film set of A Quantum of Solace.

Publications

Listed as a Future Leader in investigations in Who’s Who Legal 2018

 

Co-editor of the Practitioner’s Guide to Global Investigations with Clifford Chance, Ropes and Gray and Outer Temple Chambers now in its third edition.

Editorial Board of Lloyds Law Reports Financial Crime

Eleanor regularly comments on corporate crime issues for Lexis Nexis

“Impact of Brexit” by Sir Francis Jacobs QC, Timothy Dutton QC, Richard Lissack QC, Bankim Thanki QC, Nicholas Medcroft, Robin Barclay, Tamara Oppenheimer, Eleanor Davison and Philip Ahlquist as published by GIR. (July 2016)

Follow the money – law firms and the pursuit of criminal asset by Eleanor Davison

Contributor to Lissack and Horlick on Bribery, 2014 and the forthcoming edition.

In April 2015, Eleanor was listed in the GIR Women in Investigations Survey which highlighted 100 remarkable women in the profession from around the world. The survey ‘profiles lawyers, government prosecutors, barristers, forensic accountants and various in-house counsel, all of whom can serve as inspirations to current and future generations of investigations professionals.’ Eleanor is the only Barrister at the independent Bar in the UK to be listed in this comprehensive review which reflects on the strength of her practice in global corporate investigations work. To see Eleanor’s entry in the review, click here.

Butterworths Journal of International Banking and Financial Law (JIBFL) April 2012.

Lectures

  • Speaker at round table event in Chambers with Global Investigations Review in which a panel of senior and highly experienced government prosecutors and defence practitioners from the UK, the USA, Germany and Norway debated the controversial topic of corporate internal investigations. Guest speakers at the event were Michael Bowes QC, joint head, Outer Temple Chambers; Harry Chernoff, assistant US attorney, Southern District of New York, Department of Justice; Eleanor Davison, barrister, Outer Temple Chambers; Marianne Djupesland, senior public prosecutor, Økokrim, Norway; David Green QC, CB, director, Serious Fraud Office, UK; Amanda Raad, partner, Ropes & Gray, London & New York; Norbert Reifferscheidt, senior prosecutor, Department of Economic Crimes, Cologne, Germany; and Judith Seddon, partner, Clifford Chance, London.
  • Webinar on market abuse for Lexis Nexis with Tim Dolan.
  • Speaker at the European Corporate Crime conference on self reporting in the UK.
  • Contributor to round table on HM Treasury’s Enforcement Review.
  • Eleanor regularly gives talks at solicitors and at financial institutions on all aspects of internal investigations.

Appointments & Memberships

  • Fraud Lawyers Association
  • Financial Services Lawyers Association

Awards

  • Lord Denning Scholar (Lincoln’s Inn)
  • Thomas More Scholar
  • Peter Duffy Scholarship to the European Court of Justice and the European Court of Human Rights. Eleanor worked in the Cabinet of Judge Edward at the CJEU.

Education

  • MA, Bristol University
  • BA, Warwick University

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