Alex Bailin QC

Called 1995 Silk 2010
Alex Bailin
Alex is recommended by the legal directories as a leading Silk in eight areas, spanning both criminal and civil law. His core areas are (1) criminal fraud (2) crime (3) human rights (4) public and administrative law and (5) media law; he also specialises in (6) defamation and privacy (7) public international law and (8) professional discipline.

• "incredibly bright"; "frighteningly quick"; "has the flair you need ... to get the ear of the court" (Chambers UK 2014, Human Rights)
• "very authoritative"; "totally on top of his brief" (Chambers UK 2014, Admin & Public Law)
• "praised for his oral advocacy and strategic foresight" (Chambers UK 2014, Fraud: Criminal)
• "brilliant"; "combining in-depth technical knowledge with wholly practical outcomes" (Legal 500 UK 2013, Defamation & Privacy)
• "strong analytical skills"; "innovative" (Legal 500 UK 2013, Crime)
• "smooth"; "noted for his eye for detail" (Legal 500 UK 2013, Admin. & Public Law)
• "attractive, concise and powerful" (Chambers UK 2013, Human Rights)
• "clever and imaginative" (Legal 500 UK 2012, Media) 
• "hugely talented"; "known for his great intelligence and worldliness" (Chambers UK 2012, Fraud: Criminal)
• "extremely persuasive and analytical" (Chambers UK 2012, Human Rights)
• "in demand" (Chambers UK 2012, Admin. & Public Law)
• "brilliant"; "closes off problems before they arise"; "often many moves ahead of his opponent" (Chambers UK 2011, Admin. & Public Law)
• "a great feel for the law" (Chambers UK 2011, Crime)
• "a fine understanding of the workings of high finance" (Chambers UK 2011, Fraud: Criminal)

Significant criminal and fraud cases include:
• R v Railtrack plc and its former Chief Executive (corporate manslaughter, Hatfield rail crash)
• R v Stanford (businessman charged with unlawful email interception)
• R v Katharine Gun (GCHQ employee - Official Secrets Act disclosures relating to the Iraq war)
• R v Dunlop (first application to retry an acquitted person (for murder) under new double jeopardy laws)
• GlaxoSmithKline (criminal investigation into clinical trials, EU/domestic criminal law)
• R(Redknapp) v City of London Police [2009] 1 WLR 2091 (corruption investigation in Premiership football, legality of arrest, search warrants)
• R(Adams) v SoS for Justice [2012] 1 AC 48 (Supreme Court - meaning of 'miscarriage of justice')
• R v Sidhu (insider dealing, hedge fund, co-operating accomplice)
• R v Dr E (medical doctor charged with gross negligence manslaughter)
• R(Tchenguiz) v SFO [2012] EWHC 2254 (Admin) (SFO investigation into collapse of Kaupthing Bank)

Previously a derivatives trader in the City who read Mathematics at Cambridge University, Alex is instructed in a wide variety of commercial and business crime cases: corporate manslaughter, corruption, cartels, frauds of all kinds, insider dealing and other regulatory offences. He represents a wide range of bodies and persons: senior business executives, City firms, regulators, prosecuting authorities, professional bodies, multinational corporations, foreign governments, journalists and media organisations. He is sought after for his advice during the investigatory stages and for heavyweight trial work. He is on the Serious Fraud Office QC List. His general criminal work ranges from gross negligence manslaughter to interception of communications and official secrets. His practice frequently involves international and cross-border issues e.g. multi-jurisdictional investigations, extradition, sanctions and Interpol Red Notices. He has experience of criminal cases from many diverse jurisdictions e.g. USA, Russia, France, Jersey, Iceland, Greece and a number of Caribbean countries.

He also has experience of high value civil claims following criminal fraud investigations and prosecutions e.g. Commercial Court claims for misfeasance in public office.

He is a contributing author to a number of leading books on fraud and criminal justice and a regular writer and speaker. He writes the Companies Act offences chapter in Montgomery and Ormerod, Fraud: Criminal Law & Procedure and the Official Secrets Act chapter in Blackstone’s Criminal Practice. He is also a contributing author to Emmerson and Ashworth, Human Rights & Criminal Justice.

His international criminal and public international work includes advising on state immunity and its interaction with the jurisdiction of various domestic and international criminal courts; cases concerning torture, rendition, genocide and other violations of fundamental human rights; issues relating to individual violations of international criminal laws. He has experience of diverse jurisdictions: from US Supreme Court cases to litigation in the Turks & Caicos Islands.  He has advised concerning proceedings before the International Criminal Court and has been instructed in cases relating to Darfur and Libya.

Important media cases include:
• Advising the Guardian concerning publication of Wikileaks material
• Metropolitan Police v BBC (confidential journalistic sources, Panorama programme on hacking)
• MoD v Griffin (confidentiality injunction and prior publication)
• R(Malik) v Manchester Crown Court (confidential journalistic sources, self-incrimination)
• R v D (reporting restrictions, application to quash an acquittal)

His media work often involves the interaction between fair trial rights, privacy, confidentiality, open justice and freedom of speech - areas where criminal and media law intersect. He has advised high-profile figures, editors, journalists, national newspapers and broadcasters on reputation management issues, production orders, search warrants, witness summonses, reporting restrictions, anonymity, contempt of court, the Official Secrets Acts and other criminal offences. His media clients have included the BBC, Guardian, the Mirror Group, Daily Telegraph, Independent, ITN, Evening Standard, The Times, BSkyB, Financial Times, News Group Newspapers, Associated Newspapers and the Press Association.

He has a diverse human rights and public law practice: from commercial judicial reviews to test cases in Strasbourg. His clients range from wealthy private clients, major shareholders, multinational corporations and FTSE companies to media organisations, regulators, public authorities, NGOs and publicly-funded individuals. He has been instructed in more than 20 cases in the Supreme Court, House of Lords, Privy Council and European Court of Human Rights. He often works at the interface between criminal and public law.

Notable human rights cases include:
• Smith v MoD [2013] UKSC 41 (Supreme Court - human rights of British soldiers abroad)
• HH v Italy [2013] 1 AC 338 (Supreme Court - extradition, rights of dependent children)
• R(J&C) v Metropolitan Police [2012] 1 WLR 3007 (retention of unconvicted persons' photographs)
• Austin v UK (2012) 55 EHRR 14 (European Court of Human Rights [GC] - 'kettling' in crowd control)
• R(GC) v Metropolitan Police [2011] 1 WLR 1230 (Supreme Court - DNA retention)
• Gillan v UK (2010) 50 EHRR 45 (European Court of Human Rights - anti-terrorist police powers)
• Pipersburgh & Robateau v R [2008] UKPC 11 (death row appeal)
• A v Home Secretary [2005] 2 AC 68 (House of Lords - “Belmarsh case”, detention without trial of suspected terrorists)

His public law work includes:
• R(Cart) v Upper Tribunal [2012] 1 AC 663 (Supreme Court - judicial review of Upper Tribunal)
• Ahmed v HM Treasury (No.1 & 2) [2010] 2 AC 534 (Supreme Court - UN asset-freezing)
• Advising the Chief Justice of Gibraltar: considered in [2009] UKPC 43
• R(Gentle) v Prime Minister [2008] 1 AC 1356 (House of Lords - legality of Iraq war)
• Judicial reviews of decisions to prosecute and not to prosecute (including homicide)
• Judicial reviews of public inquiries and inquests

Current work includes:
• Six pending cases in the European Court of Human Rights, including:
        • da Silva v UK (shooting of Jean Charles de Menezes)
        • representing the family of a British man killed in France
• Representing the media at the Litvinenko Inquest
• Advising Libyan nationals concerning allegations of rendition/torture
• A number of judicial reviews of police/state powers including:

• intervening in the case of David Miranda

• Three pending Supreme Court cases  
• Acting for shareholders and business magnate Leonid Nevzlin in relation to Yukos Oil Company
• Tchenguiz v SFO: Commercial Court damages claim - investigation into collapse of Kaupthing Bank
• Advising in a number of complex corporate criminal investigations

Appointments and other information:
• Deputy High Court Judge (Administrative Court)
• Recorder (Crown Court)
• Cambridge University MA (Hons.) Mathematics
• Lincoln's Inn Scholar (CPE)
• Highest mark in the University (CPE)
• Regular speaker at legal conferences
• Contributing author to leading books on fraud, human rights and criminal justice
• Articles frequently published in the legal and national press
• Appeared on BBC News, Sky News, Channel 4 News, Radio 4 Today Programme and Newsnight on legal issues

Alex accepts instructions under the Bar Council Standard Contractual Terms, details of which can be found here.