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clerks@4-5.co.uk
020 7404 5252

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Jonathan Rose

Date of call: 1986

020 7404 5252

clerks@4-5.co.uk

Practice Summary

Jonathan has significant specialised experience of civil fraud and criminal defence he has been instructed as leading counsel in numerous cases as well as having conducted cases in many different areas of law, more recently having been instructed in a substantial banking claim.

Jonathan has appeared in foreign jurisdictions, having been called to the Caymanian Bar to conduct specific cases, he has appeared in most courts, including the Supreme Court, Privy Council, Court of Appeal, High Court both in the UK and abroad, additionally he has presented cases on behalf of the Nursing and Midwifery Council and have trained fellow barristers on current regulatory practice.

Areas of expertise include: civil fraud; restraint proceedings; extradition; regulatory and disciplinary matters; crime and local authority prosecutions including trading standards.

Recent experience:

Conducting a a £30m civil fraud action
Defending claim for £250,000 arising out of claim repayment of director’s loan [on going];
Director’s disqualification, including drafting a detailed affidavit on behalf of the director;
Managing insolvency issues, including attending with a director for a compulsory interview with a director of a failed business;
Setting aside statutory demands served by the administrators;
Freezing Orders;
Liaising with BiS and administrators of failed hotel group;
Successfully pursuing D and O insurance, obtaining the cover that had been previously declined on basis of a failure to disclose a COP 9 HMRC investigation.
Attending chancery masters appointments;
Drafting applications for defendant’s summary judgment;
Drafting/ preparing for a detailed costs assessment.

Areas of Experience (Select to add to the CV download)

Fraud

•Banking finance frauds, VAT, Duty frauds, cheating revenue, money laundering, particular expertise money laundering arising out of Hawala banking transactions.

•VAT fraud, Southwark, common law and statutory offences of cheating revenue.

•Diversion duty frauds

•Represented and advised a former director of US firm Peregrine Systems, involved extradition and , liaising with the DoJ California and SEC in UK. This case followed on the form “Nat West 3”, able to pre-arrange bail in the USA following extradition, with conditions allowing defendant to return to the UK.

•Common law cheating revenue, failure to declare tax

•Lottery winner alleged to have defrauded her husband

•Money laundering including interesting case Hawala banking and how regarded as suspicious by the revenue, include cross border evidence form Middle East

•Particular expertise in understanding Mortgage Fraud

•Recently Litigated £20m alleged fraud involving collapse of a hotel group, losses to bank amounted to in excess of £45m.

•Criminal prosecutions arising out of bankruptcy

•Appeal and drafted referrals ot the CCRC, case ongoing appeal ocnivction of an alleged terror suspect.

Regulatory

•Trade descriptions, fire safety, consumer protection unfair trading , Nursing Midwifery Council, Royal College Nurses,

•Defendants charged with trade descriptions, acted for defendant said to be the largest counterfeit goods of recent times, defendant extradited from Spain by Local Authority.

•Presented cases of the Nursing Midwifery Council and represented nurses instructed by the Royal College Nurses. Trained other barristers in the relevant procedure.

•Acted for defendant whose business was alleged to contravene the Consumer Protection Unfair trading regulations.

Asset Seizure and Forfeiture

•Asset tracing, civil and criminal recovery, POCA applications, High Court freezing orders.

•Numerous asset seizure cases and confiscation hearings. Experienced at dealing with High Court Freezing Orders.

International

Jonathan has been called Called to Caymanian Bar on case by case basis, appeal to Privy Council from Bahamas and Jamaica, extradition to US, liaising with DoJ in California and SEC.

•Acted for deputy commissioner of police, “Operation Tempura” charged with perverting the course of justice and misfeasance in public office. Tempura was an investigation conducted by the Metropolitan Police into alleged corruption in the Cayman Islands, involved the arrest of suspension of senior police officers and a High Court Judge.

•Dealt with appeals to the Privy council for Caribbean including cases from Jamaica and the Bahamas.

•Directors disqualification, Liquidators claims against directors, administrators compulsory interviews directors.

•Experienced in acting for and advising Company directors defending claims and investigations against them personally brought by the administrators and liquidators.

•Dealt with directors disqualification brought by the Department business innovation and skills.

Memberships

Fraud Lawyers Association

Association Regulatory and disciplinary lawyers

South Eastern Circuit

Criminal Bar Association

020 7404 5252 clerks@4-5.co.uk

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