Overview David Hislop came to the Bar in England in 1988 having qualified and practised for nine years in New Zealand. He is a specialist in criminal law. His practice covers all forms of serious crime including murder, terrorism and organised crime (violent and financial). David Hislop practises solely as defence counsel in major criminal cases. His reputation is "a preparedness to defend the indefensible" and win. In the last 15 years he has built up a particularly strong practice in the defence of those involved in serious organised crime. He has considerable experience in the field of financial crime having recently successfully defended a claim brought by the Crown against Hamin Soylu (R v Soylu) in the sum of £28 million. He is regularly briefed in confiscation proceedings both in the Crown Court and the High Court. David Hislop frequently advises for and appears in cases in the Court of Appeal and has registered in the English Courts forensic success for Defendants on European Convention points. He has been instrumental in the quashing of convictions for murder in the Court of Appeal R v Severatnam and R v McLean. His appellate work also includes Commonwealth Appeals to the Privy Council in capital and non-capital cases. His international experience apart from an extensive common law practice at the Bar in New Zealand, includes lecturing in Human Rights, Advocacy and the Law of Evidence in Brazil, Pakistan, Bangladesh and India. He further has considerable experience as defence counsel defending those in the Armed Forces having represented Corporal Schofield (rape of his commanding officer) both in Germany and before the Court of Appeal Court's Martial and advising on the referral of the said case to Strasbourg. Specialist Practice Areas
Money Laundering
Legal Advice: - Anti-money laundering suspicious activity reporting obligations
- Compliance with Money Laundering Regulations
- Advice on disclosure obligations under Money Laundering Legislation
- Money Laundering proceedings including variation of restraint orders
Conduct as Counsel: - Restraint Proceedings in High Court and Crown Court
- Variation of Restraint Orders
- Challenge to Receivers Actions and Costs
- Defence of money laundering prosecutions preparation and case management
- Conduct of defence as Leading Counsel in Crown Court
- Conduct of Money Laundering Appeals in Court of Appeal
Asset Recovery
Legal Advice: - Proceeds of Crime Act and Restraint Proceedings
- Tax liability and Crown Charges under Proceeds of Crime Act
- Resulting and Constructive Trusts and the Proceeds of Crime Act
- Liability in Confiscation Proceedings
- Seizure and Deprivation Proceedings
Conduct as Counsel: - All aspects of case management and preparation of defence to proceedings brought by Assets Recovery Agency
- Defence as Leading Counsel of proceedings brought by Assets Recovery Agency in Court of Appeal, High Court and Crown Court
Cross Border Fraud
Legal Advice: - Restraint proceedings
- MITIC Fraud
- Disclosure obligations of the Crown
- All aspects of case management and preparation of proceedings brought by Revenue & Customs alleging Fraud
- All aspects of Pre trial Hearings
- Applications to Stay Proceedings for Abuse of Process
- Advices on Appeals to Court of Appeal
Conduct as Counsel: - Conduct of defence as Leading Counsel MITIC Frauds
Serious and Organised Crime
Legal Advice: - All aspects of evidence and pre trial issues in defence of white collar and general crime
- Preparation and case management of white collar and general crime
- Advice on all aspects of UK and European Law
- International Arrest Warrants
Conduct as Counsel (Leading Counsel): - Mail fraud, Revenue Fraud, Money Laundering, Shares Investment Fraud, Drugs Trafficking, Murder
White Collar Crime Instructed as counsel in a wide variety of fraud cases: - R v Sinclair & Ors (Operation Vitric) - Alleged loss to the Revenue £168 million: Missing Trader Intra-Community ('MTIC') fraud, or Carousel fraud as it is also known. Instructed as counsel for Sinclair. Complex factual and legal issues, some 26,000 pages of evidence, trial fixed to last a year, after 40 days of legal argument on disclosure and entrapment issues proceedings stayed for abuse of process.
- R v Cooke & Ors - Instructed as counsel to defend Cooke, Advanced Fee Fraud of considerable size, Cooke was a solicitor charged together with other members of his law firm for their part in an advanced fee fraud also allegations of money laundering. Cooke acquitted after six months of trial. Numerous legal arguments successfully argued inclusive of the excluding of compulsory interviews by Law Society investigators - Article 6 ECHR.
- R v Sidhu & Ors - Instructed as leading counsel, substantial mail fraud approximately 50 lever arch files of evidence, trial fixed for four months, in the first week of trial successfully applied for dismissal on sufficiency of evidence.
- R v Mayhew - Instructed as leading counsel in the defence of money laundering charges - 30 lever arch files of evidence, much of it banking evidence and the tracing of the defendants funds through various overseas bank accounts - the candidate is now defending confiscation proceedings brought by the Crown seeking recover of £1.5 million.
- R v Mullen & Ors - Instructed as leading counsel in "boiler room" fraud (anticipated losses in the order of £1 million.
Recent cases
General Crime cases - R v Uddin & Ors - Leading counsel for the defendant first in the indictment, substantial importations of containers of Heroin over a period of four years (3 month trial - Sept 09)
- R v Aaron Peters & Ors (conspiracy to murder - March 2010)
- R v Mohammed Bilal & Ors - Kidnap, false imprisonment - 6 week trial - May 2009)
- R v Mayhew - Money Laundering - £700,000
Regulatory and Financial Crime cases - R v Ogenmakin - £900,000 - Benefit Fraud
- R v Soylu - confiscation proceedings - £28 million
- R v Mullen & Ors - Substantial International "Boiler Room" Fraud - 2010 ongoing
- R v Shakeel Ahmed & Ors - Banking Fraud and Money Laundering - 2010 ongoing
- R v Uddin & Ors - On going confiscation proceedings - £1.4 million
Appellate Work - Attorney General's Reference 50 of 2009 R v Haslam (Jonathan) (2009)
- Attorney Generals Reference 55 of 2009,R v Shirley (John Roy) (2009)
- R v Biggs - Child Cruelty (2009)
- R v Kearns - Rape (2009)
- R v Xhepmetaj - Rape (2009)
Past Cases
His defence of those involved in serious organised crime includes: - R v Sinclair & Ors - Operation Vitric, carousel fraud where alleged loss to Revenue and Customs £168 million
- R v Osborn - VAT fraud - £2.5 million
- R v Van Helsingden - Immigration Fraud
- R v Danso & Ors - attempted contract killing
- R v Tahir Soylu - importation 100 kg Heroin
- R v Sidhu & Ors - mail fraud - £16 million
- R v Butler - VAT fraud £2.1 million
- R v Tang - controlling prostitution
- R v Vile - CIT Armed Robbery
- R v Eldridge - CIT Armed Robbery
- R v Shams & Ors - kidnapping, false imprisonment, torture
- R v Alvarado & Ors - Columbian cocaine conspiracy R v Ahmed - murder
- R v Biggs - Child Cruelty - death
- R v Mayhew - Money Laundering
2007 - R v McLean No.2 - murder
- R v Singh - Murder
- R v Shams & Ors - kidnapping, false imprisonment, torture
2006 - R v Gunaratnam & Ors - double murder
- R v McLean & Ors - murder
- R v Njoku - murder
- R v Duncan - murder
- R v Miles - murder
- R v Maxwell - murder
- R v Cash - murder
Recent Publications - "Restraint Orders and The Rights of Those Defrauded" - Archbold News 2009
- "Banks, SARS and the Customer" - New Law Journal 2009
- David is a regular contributor to Butterworths On line Human Rights Commentaries.
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Year of Call
1979
1979 (New Zealand). 1989 (England & Wales)
Queen's Counsel
2010
Education
LLB; Diploma, National Institute
Trial Advocacy (Denver University,
Colarado); Advanced Diploma, National Institute Trial Advocacy (Hofstra University, New York)
Email Address
d.hislop@doughtystreet.co.uk
Click for contact details
Specialist Teams
Member :
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