The barristers in our team are expert lawyers in the field of corporate and business crime and private prosecutions. Containing a blend of Doughty Street’s criminal and civil lawyers the team is unique in its breadth of experience in providing representation before, during and after a criminal prosecution.
Instructed by both individuals and corporate entities, we act and advise in non-contentious aspects of regulatory compliance, as well as litigating in both the criminal and civil jurisdictions. We have a truly cross-jurisdictional and internationally qualified team of practitioners.
We set out below some of the areas that we have found are of particular interest to our clients.
Challenging search warrants & seizures
Challenges to search warrants and other powers of search and seizure is a highly specialist and technical area of law. We have a number of recognised expert lawyers who are experienced in challenging the lawfulness of search warrants by way of judicial review and in addressing issues that arise when smart phones, computers or legally privileged material is seized. This includes expertise in proceedings under s.59 of the Criminal Justice and Police Act 2001. We have particular experience of representing professionals who have been affected by search and seizure operations. This can frequently involve issues of confidentiality, privacy, market sensitivity and data protection.
Challenging restraint orders
A successful challenge to a restraint order that has been obtained unlawfully at an early stage can greatly impact the ability to resource and respond to an investigation and so reduce the possibility of a prosecution.
Challenging arrest and detention
It is common that arrests take place in conjunction with the execution of search warrants and the imposition of restraint order. Challenging an unlawful arrest is possible by way of judicial review, often together with other challenges to the investigative process. Challenges may also be brought in private law claim for damages. As the team has expertise in both criminal and civil law we are best placed to advise upon the most appropriate forum to bring proceedings.
Challenging account freezing orders
Account freezing orders are civil orders but are often obtained in tandem with a criminal investigation. The bar for obtaining such orders is set low and bringing an effective challenge can be complicated by the existence of an ongoing criminal investigation. Our team has vast experience at both senior and junior level of successfully challenging these orders.
Challenging civil recovery & confiscation proceedings
Proceedings brought by the state for the civil recovery of what are alleged to be the proceeds of crime may be pursued if a criminal prosecution has failed, or if one has never been launched. These are civil proceedings brought in the High Court. Our team has vast experience of all proceedings brought under the Proceeds of Crime Act 2002.
Claims for malicious prosecution and misfeasance in public office
If a public authority has acted in bad faith in bringing criminal proceedings or process against a company or individual it could be liable to pay damages for any losses incurred. The benefit of having both criminal and civil practitioners in the team is that we are best placed to provide advice on all aspects of criminal process.
Our list of published texts is numerous, and so we mention here only our members’ authorship of the leading practitioner textbook, Blackstone’s Guide to the Proceeds of Crime Act 2002.
Our practice management team will be pleased to let you know more about our Business Crime and Investigations experience, and to introduce you to our specialist counsel and client-focused approach. They can also let you know about our extensive bespoke client training programme.
What the directories say
“The barristers at Doughty Street Chambers are regularly called upon to defend major corporations and individual clients in cases involving allegations of bribery, insider dealing and money laundering. The set is also noted for its expertise in mortgage frauds, fraudulent trading schemes and cartel cases. The team offers representation to its clients through all stages of investigations, and members are frequently instructed to advise corporate clients on compliance matters. A "brilliant" set, the chambers is noted for having "expertise and experience across the board." Chambers and Partners 2024/25
“Doughty Street Chambers is 'a great set which has strength in depth for fraud cases'. Rupert Bowers KC represented an individual in a private prosecution brought by the Premier League concerning illegal streaming of matches. Among the juniors, Philippa Eastwood has an excellent track record in handling complex fraud and money laundering cases, and the 'inventive, clear, dynamic and concise' Peter Caldwell is well known for advising on cases involving cryptocurrency fraud” Legal 500 2024/25
