Legal Guidance and Research / Experts / Lewis MacDonald
Lewis MacDonald#12412

Lewis MacDonald

2 Hare Court
Lewis is ranked as a leading practitioner across his main practice areas in both of the main directories: In fraud and financial crime, private prosecutions, and professional discipline. He has quickly developed a reputation as a very bright junior with a calm court room manner, and is frequently instructed in document heavy cases raising complex issues of fact and law.

In the criminal sphere, Lewis acts for the prosecution and defence across the spectrum of serious criminal offences, from violence and terrorism to large scale fraud. His practice increasingly focuses on white collar, business crime, consumer offences, and asset forfeiture. Lewis is known as a go-to junior for private prosecutions, and has been instructed in a number of significant fraud cases for and against the private prosecutor.

In regulatory cases, Lewis has extensive experience appearing before a number of regulators, often in complex or high-profile cases. He most commonly acts for solicitors, accountants, sports, and medical professionals. He has acted in complex Article 2 inquests and both statutory and non-statutory Inquiries.

Lewis also applies his fraud experience in cases before the tax tribunal, most commonly in MTIC denials, penalties, and Border Force cases.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2014

Membership

  • CPS Advocate Panel Level 3
  • SFO B Panel
  • Criminal Bar Association
  • Young Fraud Lawyers Association
  • Association of Regulatory & Disciplinary Lawyers
  • Health & Safety Lawyers Association
  • Private Prosecutor’s Association

Qualifications

  • MA Hons in Law
  • Droop & Levitt Scholarships
  • BPTC (Outstanding)
  • Taylor Prize for Best Overall Student

Education

  • Queens College, Cambridge
  • Lincolns’ Inn
  • Nottingham Law School

2 Contributions by Lewis MacDonald

POCA 2002 Part 5 Chapter 3A: Summary Civil Recovery of Listed Assets—Search, Seizure, Detention, Forfeiture, Procedure and Third-Party Rights (England and Wales)
PRACTICE NOTES
POCA 2002 Part 5 Chapter 3A: Summary Civil Recovery of Listed Assets—Search, Seizure, Detention, Forfeiture, Procedure and Third-Party Rights (England and Wales)
Chapter 3A (ss 303B–303Z) of Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) sets out summary provisions for the seizure, detention and forfeiture of specified high‑value personal items (often described as the detention and forfeiture of listed assets). For this Practice Note, this is referred to as the recovery of listed assets regime. When it commenced on 16 April 2018, the recovery of listed assets regime represented a notable enlargement of the existing POCA 2002 seizure and forfeiture powers... Related powers under PACE 1984 and POCA 2002 to seize personal property Related powers in civil proceedings under POCA 2002, Pt 5 Part 5 of POCA 2002 provides the overarching structure for multiple forms of civil recovery into which the recovery of listed assets regime fits. It includes: POCA 2002, ss 243–288 (Part 5, Chapter 2), addressing civil recovery of money by the High Court and conferring additional powers to freeze and detain property, which may intersect with the listed assets regime. For fuller guidance on civil recovery powers, see subtopic: Civil asset recovery under POCA 2002—overview POCA 2002, ss 289–303A (Part 5, Chapter 3) set out the cash seizure and...
Corporate Crime
Private Prosecutions: CPIA Disclosure, DMDs, LPP/PII, Third‑Party Material, Conflicts and Abuse of Process (England and Wales)
PRACTICE NOTES
Private Prosecutions: CPIA Disclosure, DMDs, LPP/PII, Third‑Party Material, Conflicts and Abuse of Process (England and Wales)
Private prosecutor’s role as a ‘Minister of Justice’ A private prosecutor, along with anyone running proceedings on their behalf, must act as ‘Ministers of Justice’. Alongside that duty, a private prosecutor can also assume the following positions in a case: complainant witness investigator disclosure officer Unavoidably, these overlapping roles can collide, weakening the prosecutor’s ability to act as a true ‘Minister of Justice’. Where one individual or entity holds any mixture of these roles, the tension must be recognised and actively managed so the defendant is not treated unfairly. Both sides should remain alive to this risk. Partly for this reason, it is not uncommon for challenges to be brought to the issuing of the summons or the continuation of proceedings. See Practice Note: Challenging private prosecutions. Such challenges frequently probe the private prosecutor’s motive and conduct (often examining whether the duty of candour was properly observed) and may lead to applications to set aside the summons or to stay the proceedings...
Corporate Crime
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