Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email
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 QC practices in commercial, criminal, financial services and public law.
His work is almost exclusively international and multi-jurisdictional. He has been recently described in the UK legal directories as “a class act with the brain of a commercial silk and the court-craft of a criminal one”, “a star individual” and “very impressive”.
Robin’s expertise spans disputes and investigations before the Commercial Court and Chancery Division, Crown Court, Administrative Court and a range of regulatory and disciplinary tribunals in the UK and offshore. Uniquely for the London Bar, his practice traverses very different legal and procedural spheres and he is used by a range of global and domestic corporates, shareholders, directors and high net worth individuals as a premium ‘one stop shop’ for high-value and high-stake commercial litigation.
Robin’s practice includes a range of interim applications and other matters including civil and criminal search orders, freezing injunctions, directors’ duties and liabilities, shareholder disputes and derivative actions, the UK Listing Rules and Takeover Code, corporate self-reports and deferred prosecution agreements, unexplained wealth orders, immunity agreements, extradition, legal privilege, privacy and confidentiality, sanctions and criminal confiscation.
Terra Services Limited v NCA & Secretary of State for Home Department [2019] EWHC 3165 (Admin); [2020] EWHC 130 (Admin); [2020] EWHC 1640 (Admin)
Civil and criminal proceedings connected to the Mueller Investigation into fraud and money laundering and Russian interference in the 2016 US Presidential Election. Judicial review, mutual legal assistance, letters of request, confidentiality, public interest immunity, closed material procedures, special advocates, legal privilege, privacy.
Wirecard AG
$2 billion corporate accounting fraud, insider trading and market manipulation BaFin/FCA cross-border regulatory investigation.
X LP & Y LTDA
Commercial claim for deceit, conspiracy and inducing breach of contract. Ten pre-action Norwich Pharmacal Orders and freezing injunctions.
Autonomy Corp
SFO criminal, FRC regulatory and HP civil fraud probes into allegations of $5 billion corporate accounting fraud, breach of fiduciary duty, deceit, misrepresentation and misleading public statements under s90A FSMA.
Q Plc
Confidential FTSE100 corporate bribery investigation into sales contracts in Brazil, India, Indonesia, China, South Korea, USA, Iran, Kuwait, Oman, Bahrain, Saudi Arabia, Taiwan, Nigeria, Jordan, Malaysia. Notifications and self-reports to SFO and DOJ.
R (on the application of Unaenergy Group Holding Pte Limited) v SFO [2017] EWHC 600 (Admin)
R (on the application of Newcastle United Football Club Limited) v HMRC [2017] EWHC 2402 (Admin)
R (on the application of Terra Services Limited) v NCA [2019] EWHC 1933 (Admin)
R (on the application of Terra Services Limited) v NCA [2019] EWHC 3165 (Admin)
R (on the application of Terra Services Limited) v NCA [2020] 1 WLR 1149
R (on the application of Terra Services Limited) v NCA [2021] 1 WLR 1
FCA v Cenkos Securities plc, 2016
X bank, 2021-2022 (advisory)
Robin is regularly instructed in a wide range of commercial fraud disputes, big and small, international and domestic, arising out of many industry sectors and professions. He is experienced in all aspects of the preparation and conduct of heavy trials and all types of interlocutory dispute.
S Ltda (2018-2019)
Multi-million-dollar multi-handed international conspiracy, deceit, inducing breach of contract and dishonest assistance claim; Commercial Court; 4 freezing orders; 6 Norwich Pharmacal orders.
F Ltd (2018-2019)
Multi-million-dollar multi-handed breach of fiduciary duty, constructive trust and dishonest assistance claim; Guernsey Royal Court; freezing order; Norwich Pharmacal order.
R Plc (2018-2019)
Multi-million-pound multi-handed bribery and fraud claim; Chancery Division.
N Ltd v F Spa (2018-2019)
Multi-million-pound misrepresentation claim; Technology & Construction Court (expert Investigations and LPP counsel).
ENRC Ltd v Dechert (2018)
Privacy order (expert criminal counsel).
ENRC Ltd v SFO (2018-2019)
Pre-action disclosure order; misfeasance in public office and inducing breach of contract / fiduciary duty.
A Investments Ltd (2018)
Multi-million-pound libor / swaps misrepresentation claim; Commercial Court (expert criminal counsel).
Autonomy Corp Ltd (2015)
Multi-billion-dollar breach of fiduciary (directors) duties, misrepresentation claim; Chancery Division.
Robin is widely recognised as one of the London Bar’s experts in cross-border fraud, bribery and money laundering investigations and prosecutions. 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 an investigation; the appropriate case strategy and negotiations; and on disclosing or otherwise reporting problems to the SFO, FCA, international law enforcement agencies and/or to the securities markets. He has appeared in many of the biggest Crown Court jury trials of recent years and is considered an expert on Confiscation.
Q plc and 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; notifications and self-reports to SFO and DOJ (2017-2019).
SFO v Barclays plc and Barclays Bank plc
Multi-billion-pound fraud and financial assistance prosecution; Crown Court (2017-2018)
Fortune 500 subsidiary
Fraud investigation (2018)
Fortune 500 subsidiary
Bribery investigation (2018)
FTSE250 Co
Bribery investigation (2018)
Punjab National Bank, India
Multi-billion-dollar bank fraud investigation (2018)
SFO v Afren plc
Multi-million-pound fraud prosecution (2018)
R (Newcastle United) v HMRC
Multi-million-pound tax fraud investigation; Administrative Court; application for judicial review (2017)
SFO v ENRC Ltd
Multi-million-pound corruption investigation; LPP claim; High Court (QBD)(2016-2017)
R (Unaoil Ltd) v SFO
Multi-million-pound corruption investigation; Administrative Court; application for judicial review (2016)
SFO v Alstom Power Ltd
Multi-million-pound corruption prosecution; Crown Court; £17m financial penalties (2016)
1MDB
Multi-billion-dollar global money laundering probe; asset freezing (2016)
As well as acting for companies in criminal investigations and prosecutions, for many years Robin has acted for company directors, officers and other 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.
M
Multi-million-pound multi-handed fraud prosecution (2018-2019)
FCA v Anderson & Ors
FCA insider trading prosecution; Crown Court (2016)
FCA v Shah
FCA insider trading prosecution; Crown Court (2013)
FCA v Sidhu
FCA insider trading prosecution; Crown Court (2011)
SFO v Kallakis
Billion-dolalr bank fraud prosecution; Crown Court; asset restraint, confiscation, receivership orders (2010-2014)
Robin routinely acts in FCA, FRC, Takeover Panel and other financial services regulatory investigations and proceedings. This work focuses on market abuse, authorisation and integrity issues, financial promotion, all forms of financial crime (including cyber crime and sanctions), corporate governance, the London Stock Exchange Listing Rules and AIM Rules for Companies and Nomads, and the Takeover Code. As with his criminal work, Robin is often instructed at the outset of an investigation to advise on case strategy, document production notices and/or interview planning. Robin has appeared in regulatory tribunals in London and overseas. He has acted in all the major insider trading jury trials in London in recent years.
X Plc (2020)
FCA inquiry into breaches of the Listing Rules and MAR.
Y Plc (2020)
Advising UK corporate convertible bond holder seeking to exercise conversion rights in Euro stock re MAR.
Z Plc (2020)
Advising UK corporate secured debt holder seeking to exercise conversion rights in Dutch stock re MAR.
M Ltd (2019)
FCA investigation into breaches of the general prohibition and financial promotion rules.
FTSE250 Co (2018-2019)
Advising CEO on whistleblower report to FCA; market abuse.
JL (2018-2019)
Takeover Panel investigation into breaches of Rule 9 of the Takeover Code.
B Ltd (2018-2019)
Guernsey Financial Services Commission investigation into breaches of the Fiduciaries Law.
V Ltd (2018)
Guernsey Financial Services Commission investigation into breaches of the Fiduciaries Law.
S Plc (2017)
FRC investigation into breaches of audit and accountancy regulations.
FCA v Cenkos Securities Plc (2016)
UKLA Listing Rules investigation; settlement.
Re Modi, India, 2015
Re Aliyev, Malta, 2015
GFSC v Marlborough Trust Company Limited and ors, 2016
Re Nigerian Code of Conduct Tribunal, Nigeria, 2017
Re Punjab National Bank, India, 2017
GFSC v Blenheim Fiduciary Group Limited, 2017
GFSC v Louvre Trust (Guernsey) Limited and ors, 2019
GFSC v Criteria Wealth Management Limited and ors, 2020
GFSC v Standard Chartered Trust (Guernsey) Limited and ors, 2020
GFSC v X Limited and ors, 2021-2022
SFO v Eurasian Natural Resources Corp Limited [2017] 1 WLR 4205
R (on the application of Terra Services Limited) v NCA [2019] EWHC 3165 (Admin)
FRC v Jones, May 2021
GFSC v X Limited and ors, 2021-2022
FCA v Cenkos Securities plc, 2016
FRC v Hussain, 2018
FRC v Sports Direct, 2018
FRC v Jones, 2021
GFSC v Marlborough Trust Company Limited and ors, 2016
GFSC v Blenheim Fiduciary Group Limited, 2017
GFSC v Louvre Trust (Guernsey) Limited and ors, 2019
GFSC v Criteria Wealth Management Limited and ors, 2020
GFSC v Standard Chartered Trust (Guernsey) Limited and ors, 2020
FCA v X Limited and ors, 2021-2022
GFSC v X Limited and ors, 2021-2022
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