Robin Barclay QC

Robin Barclay KC

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

For enquiries please contact

Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email

Fraser Linning

Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email

Expertise

Notable Administrative & Public Law Cases


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.

Notable Banking & Finance Cases


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.

Notable Civil Fraud Cases


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.

Notable Commercial Crime - Corporates Cases


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.

Notable Commercial Crime - Individuals Cases


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.

Notable Financial Services Cases


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.

Notable Privilege, Confidentiality & Conflicts of Interest Cases


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.

Notable Professional Discipline Cases


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.

Notable Sanctions Cases


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.

"Robin is an extremely hands-on and user-friendly Silk. He combines the best of both the criminal and the commercial Bar. Perfect for complex civil fraud claims as well. Overall a very impressive and insightful silk."


The Legal 500

"He is bright, extremely able and commercial, and thinks outside the box to find the solution." "We were very impressed because he was so quick to respond and user-friendly."


Chambers & Partners

"Robin is very impressive on his feet", “fantastic” and “continues to work on high-profile cases."


Chambers & Partners

"Robin has an excellent command of the intersection between criminal and civil practice. He is also able to see the wider picture, grasp the client’s priorities and think outside the box. He offers solutions or alternatives instead of merely identifying problems."


Chambers & Partners

"Robin is a pleasure to work with. His knowledge of the law is second to none, and he gives clear and comprehensive advice."


The Legal 500

"Robin is focused on strategy and commercial in his approach. He is all over the detail and very committed to clients' results and aims."


Chambers & Partners

"He is a very impressive silk."


Chambers & Partners

"A great command of different overlapping areas that makes him a strategist and a clear thinker."


Chambers & Partners

"He works collaboratively with clients and listens to their instructions, explaining his advice very clearly."


Chambers & Partners

Chambers & Partners
  • Financial Crime
  • Financial Crime: Corporates
  • Financial Services
  • Professional Discipline
The Legal 500
  • Business & Regulatory Crime (including Global Investigations)
  • Financial Services Regulation
  • Proceeds of Crime Act & Asset Forfeiture
  • Professional Disciplinary & Regulatory Law

  • BVC, College of Law (1999)
  • CPE, College of Law (1998)
  • BA, Durham University (1997)

  • Called to the Bar of Antigua & Barbuda

  • COMBAR
  • Commercial Fraud Lawyers Association
  • Financial Services Lawyers Association
  • Middle Temple Gottlieb Prize (1999)
  • Middle Temple Ede & Ravenscroft Prize (1999)
  • Grammy Award (1994)

  • Co-author “The Practitioner’s Guide to Global Investigations – Monitorships” chapter with Nico Leslie, Chris Morvillo, Celeste Koeleveld and Meredith George (Clifford Chance) (2022-2023)
  • Co-author “Bribery – Criminal Sentence & Regulatory Sanctions” chapter with Simon Paul (2020)
  • Impact of Brexit” by Sir Francis Jacobs KC, Timothy Dutton KC, Richard Lissack KC, Bankim Thanki KC, Nicholas Medcroft, Robin Barclay, Tamara Oppenheimer, Eleanor Davison and Philip Ahlquist as published by GIR (July 2016)

For enquiries please contact

Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email

Fraser Linning

Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email

"Robin is an extremely hands-on and user-friendly Silk. He combines the best of both the criminal and the commercial Bar. Perfect for complex civil fraud claims as well. Overall a very impressive and insightful silk."


The Legal 500

"He is bright, extremely able and commercial, and thinks outside the box to find the solution." "We were very impressed because he was so quick to respond and user-friendly."


Chambers & Partners

"Robin is very impressive on his feet", “fantastic” and “continues to work on high-profile cases."


Chambers & Partners

"Robin has an excellent command of the intersection between criminal and civil practice. He is also able to see the wider picture, grasp the client’s priorities and think outside the box. He offers solutions or alternatives instead of merely identifying problems."


Chambers & Partners

"Robin is a pleasure to work with. His knowledge of the law is second to none, and he gives clear and comprehensive advice."


The Legal 500

"Robin is focused on strategy and commercial in his approach. He is all over the detail and very committed to clients' results and aims."


Chambers & Partners

"He is a very impressive silk."


Chambers & Partners

"A great command of different overlapping areas that makes him a strategist and a clear thinker."


Chambers & Partners

"He works collaboratively with clients and listens to their instructions, explaining his advice very clearly."


Chambers & Partners

Chambers & Partners
  • Financial Crime
  • Financial Crime: Corporates
  • Financial Services
  • Professional Discipline
The Legal 500
  • Business & Regulatory Crime (including Global Investigations)
  • Financial Services Regulation
  • Proceeds of Crime Act & Asset Forfeiture
  • Professional Disciplinary & Regulatory Law

  • BVC, College of Law (1999)
  • CPE, College of Law (1998)
  • BA, Durham University (1997)

  • Called to the Bar of Antigua & Barbuda

  • COMBAR
  • Commercial Fraud Lawyers Association
  • Financial Services Lawyers Association
  • Middle Temple Gottlieb Prize (1999)
  • Middle Temple Ede & Ravenscroft Prize (1999)
  • Grammy Award (1994)

  • Co-author “The Practitioner’s Guide to Global Investigations – Monitorships” chapter with Nico Leslie, Chris Morvillo, Celeste Koeleveld and Meredith George (Clifford Chance) (2022-2023)
  • Co-author “Bribery – Criminal Sentence & Regulatory Sanctions” chapter with Simon Paul (2020)
  • Impact of Brexit” by Sir Francis Jacobs KC, Timothy Dutton KC, Richard Lissack KC, Bankim Thanki KC, Nicholas Medcroft, Robin Barclay, Tamara Oppenheimer, Eleanor Davison and Philip Ahlquist as published by GIR (July 2016)

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