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Alex Bailin QC

Called 1995Silk 2010

Introduction · Expertise · CV & Downloads

Email alexbailin@matrixlaw.co.uk
Practice Team PracticeStaff_TeamT@matrixlaw.co.uk

Alex is recommended by the legal directories in five areas: (1) criminal fraud (2) crime (3) human rights (4) public and administrative law and (5) public international law.

• "hugely talented"; "known for his great intelligence and worldliness" (Chambers & Partners 2012, Fraud: Criminal)
• "extremely persuasive and analytical" (Chambers & Partners 2012, Human Rights)
• "in demand"; "one of a handful of public law silks with extensive criminal law expertise" (Chambers & Partners 2012, Admin. & Public Law)
• "brilliant"; "closes off problems before they arise"; "often many moves ahead of his opponent" (Chambers & Partners 2011, Admin. & Public Law)
• "a great feel for the law" (Chambers & Partners 2011, Crime)
• "a fine understanding of the workings of high finance" (Chambers & Partners 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 blackmailing Shirley Porter, 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 of anti-depressants: 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 [2011] 2 WLR 1180 (Supreme Court - meaning of 'miscarriage of justice')
• R v Sidhu (insider dealing, hedge fund, co-operating accomplice)
• R v El Baroudy (medical doctor, gross negligence manslaughter)

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, financial services 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/pre-litigation stages and for heavyweight trial work. His practice often involves international law issues. He is on the Serious Fraud Office QC List. He has substantial experience of difficult and unusual areas of criminal law such as gross negligence manslaughter, interception of communications and official secrets.

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 work includes advising on issues relating to state immunity and its interaction with the jurisdiction of various international criminal courts; issues relating to the use of force and allegations of torture and genocide and other violations of fundamental human rights; issues relating to individual violations of international criminal laws.

Important media cases include:
• MoD v Griffin (confidentiality injunction and prior publication)
• R(Malik) v Manchester Crown Court (confidentiality of 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 and freedom of speech - areas where criminal and media law intersect. He has advised high-profile figures, editors, journalists and national newspapers on reputation management issues, production orders, search warrants, witness summonses, reporting restrictions, contempt of court and other criminal offences.

He has a diverse human rights and public law practice: ranging from judicial reviews to cases in Strasbourg. He has been instructed in more than 20 cases in the Supreme Court, House of Lords, Privy Council and European Court of Human Rights, including many death-row appeals. He often works at the interface between criminal and public law.

Recent human rights cases include:
• R(C & GC) v Metropolitan Police [2011] 1 WLR 1230 (Supreme Court - retention of non-convicted persons' DNA)
• Gillan & Quinton v UK (2010) 50 EHRR 45 (European Court of Human Rights - legality of anti-terrorist police powers)
• A and others v UK (2009) 49 EHRR 29 European Court of Human Rights (Grand Chamber) decision in “Belmarsh case”
• E v Home Secretary [2008] 1 AC 499 (House of Lords ruling on the legality of “control orders”)
• Pipersburgh & Robateau v R [2008] UKPC 11 (death row appeal)
• A and others v Home Secretary [2005] 2 AC 68 (House of Lords appeal in “Belmarsh case” - detention without trial of suspected terrorists)

Recent public law work includes:
• R(Cart & MR) v Upper Tribunal [2011] 3 WLR 107; Eba v Advocate General for Scotland [2011] 3 WLR 149 (Supreme Court - judicial review of Upper Tribunal)
• Ahmed v HM Treasury (Nos 1 & 2) [2010] 2 AC 534 (Supreme Court, legality of UN anti-terrorist asset-freezing laws)
• Advising the Chief Justice of Gibraltar: considered in [2009] UKPC 43
• R(Gentle) v Prime Minister [2008] 1 AC 1356 (House of Lords appeal - legality of Iraq war and duty to hold a public inquiry)
• Judicial reviews of decisions to prosecute and not to prosecute (including homicide)
• Judicial review of a public inquiry

Current work includes:
• Advising in two high profile corruption/fraud investigations by the SFO (UK and cross-border)
• Advising in a cartel investigation
• Pending cases in the European Court of Human Rights, including:
• da Silva v UK - shooting of Jean Charles de Menezes
• Pending extradition case in the Supreme Court
• Advising Libyan nationals concerning allegations of rendition/torture
• Judicial reviews of police powers

He is a regular speaker at legal conferences and is a contributing author to a number of leading books on fraud, human rights and criminal justice. He has published a number of articles in the legal and national press. He has appeared on BBC News, Radio 4 Today Programme and Newsnight on legal issues. He is a member of the Bar Human Rights Committee and the Foreign Office pro bono lawyers’ panel.

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