Legal Guidance and Research / Experts / Nicholas Chapman

Nicholas Chapman

Nicholas Chapman's background is in business crime though he now principally acts in civil cases, often involving some criminal dimension. In recent years he has acted in many of the biggest, most complex and most high-profile civil tax fraud cases, frequently as leading junior. He also acts in matters involving substantial questions of pure tax and Community law. He continues occasionally to act in criminal cases involving the most serious allegations of commercial fraud and corruption. He also specialises in civil and quasi-criminal asset recovery and injunctive relief proceedings, principally in the commercial courts. He has particular expertise in cross-border cases; many of his cases have an international dimension and he frequently works with foreign lawyers and as part of multi-disciplinary teams. Nicholas also advises corporations and regulators in very substantial regulatory and compliance matters. His practice also has a substantial public law aspect, acting for a range of government and private clients across a wide spectrum of administrative, public and private law litigation. He has appeared in a large number of reported public law cases, often involving particularly challenging and significant legal or factual issues.

He is instructed with increasing frequency at appellate level and has acted at all levels up to the Supreme Court. His clients include the Government Legal Department, HMRC, the SFO, CPS Special Casework, the National Crime Agency, multinational corporations and Magic Circle and other leading firms of solicitors. Amongst other appointments, he is a member of the Treasury Panel of Counsel to the Crown.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2001

Membership

  • Fraud Lawyers Association
  • Constitutional and Administrative Law Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Proceeds of Crime Lawyers Association

Education

  • Nottingham University and Universit de Versailles (LL.B. Law with European Law)

2 Contributions by Nicholas Chapman

Civil recovery mutual legal assistance under POCA 2002 and the 2005 Order: giving effect to external orders and requests, interim remedies, prohibition orders, and disclosure of letters of request
PRACTICE NOTES
Civil recovery mutual legal assistance under POCA 2002 and the 2005 Order: giving effect to external orders and requests, interim remedies, prohibition orders, and disclosure of letters of request
Assistance to overseas authorities in civil recovery proceedings Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) establishes a civil route, via court proceedings, for the freezing and divestment of the proceeds of crime. In tandem, POCA 2002, Pt 11 and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181, the 2005 Order) create a comprehensive framework through which the UK may assist, upon request, an overseas authority, closely aligning with the UK’s domestic arrangements in both substance and practice. This regime permits UK enforcement authorities to take steps to enforce, or to act in support of, an overseas court order—described in statute as ‘giving effect to external orders by means of civil recovery’—and to take measures antecedent to overseas proceedings—‘giving effect to external requests by means of civil proceedings’. See also Practice Note: POCA 2002—external investigations, requests and orders—introduction. For further information on external investigations under POCA 2002, Pt 11, see Practice Note: POCA 2002—external investigations under s 445...
Corporate Crime
Contesting mutual legal assistance evidence: practitioner checklist on letters of request, disclosure, judicial review, admissibility, exclusion and abuse of process
CHECKLISTS
Contesting mutual legal assistance evidence: practitioner checklist on letters of request, disclosure, judicial review, admissibility, exclusion and abuse of process
This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority... The Letter of Request (LOR) Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled: it appears to the authority that an offence has been committed there are reasonable grounds for suspecting that an offence has been committed, and the authority has instituted proceedings in respect of the offence in question or the offence is being investigated Issuing authority When considering the LOR itself, ask: Was the LOR issued by a judge or by a prosecuting authority? Was the LOR lawfully issued? LOR issued by a judge Has the application and supporting evidence been disclosed (see further below)?
Corporate Crime
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