Clare is widely valued as a pre litigation adviser, providing strategic advice and guidance to companies and individuals caught up in regulatory and criminal investigations, particularly those with an international dimension and those where both civil and criminal law problems are present. For example she acted successfully for Glaxo Smith Kline in dealing with an investigation by the MHRA into its clinical trials procedures involving questions of EC and domestic regulation. She is presently instructed on behalf of BAe in connection with enquiries by the SFO .
She is able to take a case through from investigation to trial as with the high profile investigation and prosecution of the Metropolitan Police Commissioner for health and safety offences arising out of the death of Jean Charles de Menezes. She represents both prosecuting authorities, such as the FSA as well as acting for private clients and corporations
She has worked on some of the most significant and complex criminal trials in the past decade. She was the lead advocate for the former chief executive of Railtrack charged with health and safety offences in relation to the deaths in the Hatfield rail crash. She has appeared in many of the leading SFO trials of the last 20 years. She is joint editor (with Professor David Ormerod) of Fraud (Criminal Law and Practice) (OUP, 2008).
Since taking silk in 1996, Clare has also come to be valued as trial advocate in complex civil disputes. She has appeared as trial counsel in the Bermuda Fire & Marine litigation and in the BCCI misfeasance action against the Bank of England. She is valued for her ability to work in a team, her attention to detail and her skill as a cross examiner.
She has had extensive experience in extradition and international mutual legal assistance, representing both governments and individuals. She represented Augusto Pinochet in the House of Lords, and led the challenge to the mutual assistance requests made in connection with Silvio Berlusconi's business activities and advised the former Prime Minister of Thailand after he was ousted in a military coup. She has recently been successful in leading the team that secured the committal of four men suspected of complicity in genocide in Rwanda. She is a co-author of The Law of Extradition and Mutual Assistance (2nd Ed published by OUP, 2007).
Clare has also developed a substantial and varied appellate practice. She represented the Bar when the issue of barrister’s immunity arose in the House of Lords, she appeared for Sally Clark when Clark was finally cleared of murdering her two sons by the Court of Appeal in 2003 and appeared for Sion Jenkins when his conviction was quashed in 2004. She has also appeared in the courts of appeal in Hong Kong SAR and in Bermuda.
For details of Clare Montgomery's case law practice, please see Notable Cases.
For a printable version (.pdf) of Clare Montgomery's CV, please download from here.
If you would like any further information regarding Clare Montgomery's practice, please contact her Practice Team, or call +44 (0)20 7404 3447.