Call 1999 | Silk 2020
"A class act with the brain of a commercial silk and the court-craft of a criminal one."
The Legal 500
Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email
Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email
Robin Barclay KC is a leading commercial Silk well-known for working on high-stake disputes and investigations involving significant corporate clients, senior professionals and HNW individuals from around the world.
His practice areas include fraud, banking and financial services, corporate financial crime, economic sanctions, public law and professional discipline. He is one of the handful of silks appointed in both civil and criminal law, and his caseload features a panoply of commercial, criminal and regulatory investigations, litigation and arbitration for clients in or from the UK & Europe, the US & Americas, the Middle East & Africa, Asia and China, both in London and overseas.
Robin’s fraud work embraces heavy civil and criminal matters with a focus on cross-border disputes and investigations as well as interim relief, remedies and orders, and judicial review. He is regularly instructed on matters at the highest level and is highly regarded for his holistic and astute strategic advice and court room advocacy on behalf of the global business elite.
Robin is regularly instructed in a range of high-value banking disputes, including those featuring injunctions, sanctions and asset freezes and regulatory reporting and compliance.
He has considerable experience of financial services and professional disciplinary proceedings. He is well-known for his expertise in market abuse, Listing and the Takeover Code, senior management misconduct, fiduciary and trust matters, serious corporate governance failings and has acted in many of the largest UK corporate audit and accountancy scandals.
Robin has also acted in many of the most significant global financial crime matters of the past decade, especially those involving allegations of bribery and money laundering in the Americas, Middle East & Africa, Asia, Russia and the CIS. Following the conflict in Ukraine he has been the sanctions counsel-of-choice for UK, overseas and Russian companies and individuals of the highest profile affected by designations and prohibitions.
The sensitive nature of much of Robin’s advisory practice limits the information that can be disclosed.
FCA v Sigma Broking Limited, Matthew Kent and others [2021-2022]
Landmark FCA enforcement case. Settlement and prohibitions concerning directors’ and senior managers’ collective responsibility for market abuse corporate governance failures.
Carillion plc and others [2022]
Landmark BEIS/Insolvency Service director disqualification proceedings, FCA market abuse proceedings and FRC audit and accountancy investigations concerning the high profile £7bn collapse of Carillion plc.
Terra Services Limited v NCA and Secretary of State for Home Department [2019-2022]
Civil and criminal proceedings connected to the US Mueller Investigation into fraud and money laundering and Russian interference in the 2016 US Presidential Election, and US sanctions violations. Judicial review, mutual legal assistance, letters of request, confidentiality, public interest immunity, closed material procedures, special advocates, legal privilege, privacy.
ENRC v Dechert, Gerrard and Serious Fraud Office [2015-2021]
High profile breach of contract and fiduciary duty, and inducing breach of contract and/or fiduciary duty, claim between ENRC, its former solicitor and the SFO in relation to an internal cross-border fraud and bribery probe. Ancillary legal privilege claim.
HP Autonomy Corp v Lynch and Hussain [2015-2019]
High profile US$5 billion corporate takeover accounting fraud, breach of fiduciary duty, deceit, misrepresentation and s90A FSMA civil fraud claim. Parallel SFO criminal and FRC disciplinary probes.
R (on the application of Unaenergy Group Holding Pte Limited) v SFO [2017] EWHC 600 (Admin)
Judicial review of decisions of Serious Fraud Office to request mutual legal assistance, compel the production of information and documents and to deny access to material seized under an international search warrant.
R (on the application of Newcastle United Football Club Limited) v HMRC [2017] EWHC 2402 (Admin)
Judicial review of search warrant issued to HMRC in connection with a high-profile tax and money laundering investigation into football clubs, players and agents.
R (on the application of Terra Services Limited) v NCA [2019] EWHC 1933 (Admin)
Pre-permission judicial review CMC concerning cross applications for disclosure and non-disclosure on the grounds of PII and confidentiality.
R (on the application of Terra Services Limited) v NCA [2019] EWHC 3165 (Admin)
Pre-permission judicial review PII and confidentiality applications hearing. Closed material procedure.
R (on the application of Terra Services Limited) v NCA [2020] 1 WLR 1149
Pre-permission judicial review application for special advocate in closed material procedure.
R (on the application of Terra Services Limited) v NCA [2021] 1 WLR 1
Judicial review of UKLA’s direction to NCA to seek a search warrant under UK/US MLAT and decision to issue warrant in connection with the high-profile US Mueller Investigation into Russian interference in the 2016 US Presidential Election and a fraud, money laundering, tax and sanctions probe involving oligarchs and US political lobbyists.
Bank X
Various corporate disputes, FCA and NCA investigations, and POCA and OFSI disclosures made by the bank and customers, in connection with the freezing of £multi-million funds for suspected money laundering and sanctions violations.
FCA v Sigma Broking Limited and Matthew Kent
FCA enforcement case concerning corporate governance and directors’ and senior managers’ collective responsibility for systems and controls. Settled.
FCA v Cenkos Securities plc
FCA enforcement case concerning Quindell plc and breaches of the Listing Rules by corporate sponsor. Settled.
Robin’s civil fraud work takes place in the Commercial Court and Chancery Division of the English High Court and embraces high-value claims that focus on cross-border disputes; claims for declarations, sums due and damages; and applications for interim relief and remedies including freezing injunctions, search orders and Norwich Pharmacal relief.
He acted in England’s longest and most complex £3.3 billion civil fraud case, HP Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch) and has acted and advised in connection with numerous multi-handed fraud claims, including breach of fiduciary duty, deceit, bribery, money laundering, dishonest assistance, knowing receipt in a range of sectors.
Banque International de Commerce v A, B and C
Multi-million-dollar multi-handed misrepresentation claim. Shipping. Pre-trial application to stay pending conclusion of SFO prosecution. Commercial Court. Settled.
S Ltda
Multi-million-dollar multi-handed international conspiracy, deceit, inducing breach of contract and dishonest assistance claim. Four freezing injunctions. Six Norwich Pharmacal orders. Commercial Court. Settled.
F Ltd
Multi-million-dollar multi-handed breach of fiduciary duty, constructive trust and dishonest assistance claim. Freezing injunction. Norwich Pharmacal order. Guernsey Royal Court. Settled.
R Plc
Multi-million-pound multi-handed bribery and fraud claim. Chancery Division. Settled.
N Ltd v F Spa
Multi-million-pound misrepresentation claim. Freezing injunction. Search order. Technology & Construction Court. Settled.
ENRC v Dechert, Gerrard and Serious Fraud Office
Breach of contract and fiduciary duty, and inducing breach of contract and/or fiduciary duty, dispute between ENRC, its former solicitor and the SFO in relation to an internal cross-border fraud and bribery probe. Ancillary legal privilege, privacy and CPR r31.16 disclosure proceedings.
A Investments Ltd
Multi-million-pound libor / swaps misrepresentation claim. CPR r5 disclosure application. Commercial Court. Settled.
HP Autonomy v Lynch and Hussain
US$5 billion takeover accounting fraud, breach of fiduciary duty, deceit, misrepresentation and s90A FSMA dispute. Parallel SFO criminal and FRC disciplinary probes. Chancery Division.
Robin’s corporate crime practice focuses on cross-border fraud, bribery and money laundering investigations, prosecutions and DPAs.
He is regularly instructed to advise and represent FTSE100 and FTSE250 companies and their Boards of directors on their potential rights, duties and liabilities at the outset of internal and external investigations, holistic case strategies and negotiations and on disclosing or otherwise reporting problems to the SFO, FCA, international law enforcement agencies and/or to the securities markets. He is considered an expert on Confiscation.
Terra Services Limited v NCA and Secretary of State for Home Department
Long-running challenge to the NCA’s seizure of confidential documentation belonging to Russian oligarch Oleg Deripaska and companies associated with him said to be relevant to the US Mueller Investigation and high profile US financial crime and sanctions investigations.
Q plc and overseas subsidiaries
Multi-million-pound internal bribery investigation into sales contracts in Brazil, India, Indonesia, China, South Korea, USA, Iran, Kuwait, Oman, Bahrain, Saudi Arabia, Taiwan, Nigeria, Jordan, Malaysia. Self-reports to SFO and DOJ.
SFO v Barclays plc and Barclays Bank plc
Multi-billion-pound fraud and financial assistance prosecution in connection with the bank’s capital raising schemes at the height of the 2008 financial crisis.
Punjab National Bank, India
Multi-billion-dollar bank fraud investigation, extradition and prosecution of high profile Indian jeweller.
Afren plc
Multi-million-pound fraud prosecution of company directors and senior managers.
R (Newcastle United Football Club Limited) v HMRC
Multi-million-pound tax and money laundering investigation into football clubs, players and their agents.
SFO v ENRC
Multi-million-pound cross-border fraud and corruption investigation of ENRC’s activities in Africa and the CIS.
R (Unaoil Ltd) v SFO
Multi-million-pound cross-border corruption investigation. Application for judicial review.
SFO v Alstom Power Ltd
Multi-million-pound corruption prosecution and plea agreement. £17 million financial penalties.
1MDB
Multi-billion-dollar global money laundering and asset freezing probe.
As well as acting for companies in criminal investigations and prosecutions, Robin acts for company directors, officers and other HNW individuals under investigation by the SFO, police, FCA, HMRC and other law enforcement agencies.
Robin has many years’ experience of preparing and conducting a range of heavy jury trials and all types of interlocutory dispute.
Re X
Advising trader in internal insider trading disciplinary investigation concerning $400 million corporate losses.
Re X
Advising CEO in internal bribery and corruption investigation concerning $10 million corporate sales contracts in Iraq.
FCA v Anderson & Ors (Operation Tabernula)
FCA’s largest insider trading investigation and prosecution. £multi-million trades. Southwark Crown Court. Acquittal.
FCA v Shah (Operation Saturn)
FCA multi-handed insider trading investigation and prosecution. £multi-million trades. Southwark Crown Court. Acquittal.
FCA v Sidhu
FCA insider trading investigation and prosecution. Southwark Crown Court. Convictions and confiscation.
SFO v Kallakis
Billion-dollar cross-border banking fraud and money laundering investigation and prosecution. Southwark Crown Court. Conviction, confiscation and receivership orders.
Robin routinely acts in FCA, FRC, Takeover Panel and other financial services regulatory investigations and proceedings. He is well-known for his expertise in all forms of financial crime in financial services and especially sanctions and market abuse; the London Stock Exchange Listing Rules, the Takeover Code and AIM Rules for Companies and Nomads; senior management misconduct; fiduciary and trust matters; serious corporate governance failings; and he has acted for accountants in many of the recent UK audit and accountancy scandals.
As with his civil and criminal fraud work, Robin is often instructed at the outset of a regulatory and disciplinary investigations to help devise the case strategy and has appeared in numerous disciplinary tribunals in London and offshore.
Re X (individual)
Acting in the Takeover Panel’s largest and longest-running enforcement investigation concerning individuals acting in concert to acquire shares, in breach of Rule 9 of the City Code on Takeovers and Mergers and causing £multi-million losses to investors.
GFSC v X (firm)
Acting in heavily contested Guernsey financial services enforcement proceedings for corporate governance failures by a leading Guernsey trust company who provided trust and fiduciary services to HNW tycoons, oligarchs and PEPs. Multiple alleged breaches of Guernsey’s AML legislation laws and regulations, Financial Services Code of Corporate Governance, Trust Service Providers Code and Financial Services Principles of Conduct.
Re X (individual)
Acting in the FRC, FCA and BEIS/Insolvency Service investigations and disciplinary proceedings concerning the £7bn collapse of Carillion plc.
Bank X
Various disputes, FCA and NCA investigations, and POCA and OFSI disclosures made by the bank and its corporate customers, in connection with the freezing of £multi-million funds belonging to corporate customers for suspected money laundering and sanctions violations.
FCA v Sigma Broking Limited and Matthew Kent
FCA enforcement case concerning corporate governance and directors’ and senior managers’ collective responsibility for systems and controls. Settled.
Re X Plc
FCA probe into breaches of the Listing Rules and MAR.
Re X Plc
Advising UK corporate convertible bond holder seeking to exercise conversion rights in Euro stock re MAR.
Re X Plc
Advising UK corporate secured debt holder seeking to exercise conversion rights in Dutch stock re MAR.
Re X
Advising CEO concerning whistle blower report to FCA and market abuse.
Re X (individual)
Takeover Panel investigation into breaches of Rule 9 of the Takeover Code.
Re X Plc
FRC investigation into breaches of audit and accountancy regulations.
FCA v Cenkos Securities plc
FCA enforcement case concerning Quindell plc and breaches of the Listing Rules by corporate sponsor. Settled.
SFO v ENRC
Litigation and legal advice privilege claims concerning solicitors’ working papers and materials for the brief generated during an internal investigation and in contemplation of potential prosecution.
Terra Services Limited v NCA
Litigation and legal advice privilege claims concerning solicitors’ working papers made in contemplation of litigation as well as non-privileged copy documents obtained at the instance of solicitors from third parties as materials for the brief after litigation commenced.
FRC v Jones
Conflicts of interest concerning actuary and client company directors who were also trustees of the employee pension fund.
GFSC v X (firm)
Trust and fiduciary firm’s receipt of shares in lieu of outstanding client fees. Shares in UK listed company controlled by client.
Re X (individual)
Acting in the FRC, FCA and BEIS/Insolvency Service investigations and disciplinary proceedings concerning the £7 billion collapse of Carillion plc.
FCA v Sigma Broking Limited and Matthew Kent
Acting for firm and founder/director in FCA disciplinary proceedings concerning corporate governance and directors’ and senior managers’ collective responsibility for systems and controls. Settled.
Re X
Advising trader in internal insider trading disciplinary investigation concerning $400mn corporate losses.
Re X (individual)
Acting in the Takeover Panel’s largest and longest-running disciplinary investigation concerning individuals acting in concert to acquire shares, in breach of Rule 9 of the City Code on Takeovers and Mergers and causing £multi-million losses to investors.
GFSC v X (firm)
Acting for a firm and others in heavily contested Guernsey financial services disciplinary proceedings for corporate governance failures by a leading Guernsey trust company who provided trust and fiduciary services to HNW tycoons, oligarchs and PEPs. Multiple alleged breaches of Guernsey’s AML legislation laws and regulations, Financial Services Code of Corporate Governance, Trust Service Providers Code and Financial Services Principles of Conduct.
FCA v Cenkos Securities plc
Acting for the firm in FCA disciplinary case concerning Quindell plc and breaches of the Listing Rules by corporate sponsor. Settled.
FRC v Hussain
Acting for Autonomy Corp plc’s ex-CFO in FRC disciplinary proceedings concerning the software company’s statutory audits and accounts. Stayed.
FRC v Sports Direct
Acting for the company and various individuals in the FRC disciplinary investigation concerning the sports retailers statutory audits and accounts.
FRC v Jones
Acting for an actuary in FRC disciplinary proceedings concerning conflicts of interest. Settled.
Terra Services v NCA and Secretary of State for Home Department
Civil and criminal proceedings connected to the US Mueller Investigation into fraud and money laundering and Russian interference in the 2016 US Presidential Election, and US sanctions violations. Judicial review, mutual legal assistance, letters of request, confidentiality, public interest immunity, closed material procedures, special advocates, legal privilege, privacy.
Bank X
Various corporate disputes, FCA and NCA investigations, and POCA and OFSI disclosures made by the bank and customers, in connection with the freezing of £multi-million funds for suspected money laundering and sanctions violations.
Re X
OFSI licence application and UK/EU sanctions and POCA advice concerning a £bn contract involving the Russian Direct Investment Fund, humanitarian relief and commissions concerning the same.
Re X
OFSI licence application and UK sanctions advice concerning on-going litigation involving two designated persons and entities owned and controlled by them.
Re X
UK/EU sanctions and POCA advice to various City institutions and multi-asset brokerages holding £multi-mn balances belonging to, or trading with, designated persons and entities owned or controlled by them.
Re X
UK/EU sanctions and POCA advice to various FTSE 100 and 250 companies concerning £multi-mn divestments and trading activities in or connected with Russia.
Re X
UK/EU sanctions advice to various UK companies concerning potential £multi-mn corporate acquisitions linked to designated persons and persons connected with Russia.
Re X
UK/EU sanctions advice to designated persons and members of their immediate and wider family concerning designation, offshore trusts and trust structures, divestments and seizures, licences, reporting and related matters.
Re X
UK/EU sanctions and POCA advice to various global-facing investment vehicles and private equity firms concerning £multi-mn investments connected with Russia.
Re X
Advising various law firms and counsel on the meaning and application of the UK/EU Russia sanctions framework to their services, General Licences and Specific Licences.
Re X
UK sanctions advice to various high profile clients in a long-running SFO fraud, bribery, sanctions and money laundering investigation concerning Africa.
This piece, produced by Robin Barclay KC, Robin Lööf and Jacob Turner includes updates…
BackgroundOne consequence of the conflict in Ukraine has been to require many…
Following the release of a summary of his conclusions on 28 January…
Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email
Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email
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