Practice Summary

Philip Hackett specialises in civil and criminal commercial fraud, international corruption, financial services, health and safety, direct and indirect tax and associated areas such as sanctions, mutual legal assistance and asset tracing. Over the past 25 years he has been instructed in many of the leading cases including the most serious SFO matters, international sanctions investigations, regulatory investigations into insider dealing and market manipulation, cartel investigations, HMRC prosecutions, enquiries and civil claims in respect of taxation matters and numerous HSE and manslaughter cases.

Cases include BCCI, In Re Arrows, Maxwell, Gooda Walker, Wickes, Merrion Re insurance, AIT, TransTec, ‘City Slickers’ market manipulation, Kent Pharmaceuticals, British Aerospace, MEPs expenses, V Mobile, Vantis, Torex, Asil Nadir, Innospec, Celtic Mining and LIBOR.

The international aspects of his practice have resulted in experience of offshore matters in connection with BVI, the Channel Islands and Isle of Man and many European jurisdictions as well as US, Caribbean and Africa.

For many years he has been selected as a leading silk by legal directories, including the Legal 500 and Chambers Directory, describing him as a ‘highly articulate and convincing advocate’ who provides ‘incisive case analysis’ and a ‘tactical advocate who is superb at cross examination’, regarded by solicitors as ‘sensitive to the mood of the client’.

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

Civil and Criminal Fraud

Philip Hackett is regularly instructed at the earliest stage when an investigation becomes a possibility, advising on steps to ensure a favourable outcome together with the preservation of confidentiality and LPP. He also advises at the earliest point on civil remedies in fraud cases including alternative dispute resolutions. He has considerable experience in all related areas such as restraint orders, asset tracing and mutual legal assistance. Experience and expertise in commercial, banking and auditing leads to him being instructed on behalf of the CEO or Finance Director or the company. He has acted in respect of many of the leading fraud cases including;

• Advising and representing numerous parties in challenging or seeking production orders, warrants and restraint and freezing orders.
• Advising on Mareva and ancillary relief in support of foreign proceedings.
• Representing broker in SFO allegation of conspiracy to manipulate LIBOR submissions.
• Representing senior partner of firm of solicitors charged by SFO together with other solicitors , a QC and executives of Celtic Mining over the transfer of mining rights and obligations to BVI companies.
• Resisting SFO application for a voluntary Bill of Indictment after the dismissal of the above case by a High Court Judge.
• Representing financier of application for a gaming licence over allegation of fraudulent letters of creditworthiness.
• Advising on jurisdiction of English Court in respect of civil fraud proceedings arising from corporate activity in Lithuania.
• Representing partner in civil claim for fraudulent misrepresentation in severance deed.
• Representing director of company alleged to have obtained government development grant by fraudulent misrepresentation.
• Advising companies on obligations to report discovery of fraud by employees to regulator and treatment of whistleblowers.
• Representing Russian client in SOCA civil claim
• Advising company on reaching agreement for compensation with former employee accused of fraud against company.
• Representing former CEO of Polly Peck in SFO prosecution.
• Advising on various insider-dealing investigations by regulators.
• Advising on civil claim against HMRC in respect of historic allegations of fraudulent misrepresentation in obtaining warrants and forfeiture orders.
• Representing individuals and companies in respect of civil claims for VAT evasion brought by HMRC.
• Advising former finance director of insolvent company where SFO charged board members in respect of misstatement of accounts and income recognition.
• Advising reinsurance agent in respect of money laundering investigation by Guernsey authorities.
• Advising offshore bank on money laundering implications of sovereign wealth fund after regime change.
• Advising offshore investment fund on money laundering implications of funds from collapsed Icelandic bank.
• Representing CEO of Kent Pharmaceuticals in allegation of cartel to defraud NHS.
• Advising director in respect of HMRC prosecution for tax avoidance where other board members where charged with criminal offences.
• Representing CEO of AIT in respect of allegation of market manipulation by regulator.
• Representing Chinese clients in resisting civil claim for fraud by trading partners based in Taiwan.
• Representing directors of car importation company in respect of HMRC prosecution for VAT evasion.
• Representing director of Isle Of Man Company in regulatory prosecution regarding pharmaceutical licensing.
• Advising in respect of regulatory investigations in France and Germany in respect of pharmaceutical trading.
• Advising estate agent in respect of OFT investigation.
• Representing political writer and researcher charged of MEP’s fraudulent claim to expenses.
• Representing press share tipster in respect of allegations of market manipulation by FSA.
• Representing directors of UK Property Company in respect of HMRC prosecution alleging control of Channel Islands Company.
• Representing chairman of football league club charged by SFO with defrauding club.
• Representing bank customers in civil claim against offshore bank alleging fraudulent conduct by bank staff.
• Representing CEO of Merrion re Insurance in respect of SFO allegation of underwriting fraud.
• Representing offshore re insurance company in resisting civil claim for fraud by
• Representing liquidator in civil claim for fraud against company directors.
• Representing lead underwriter of Gooda Walker Syndicate in respect of allegations of false accounting.
• Representing finance director of Maxwell group of companies.
• Representing finance director of Isle Of Man Company in respect of allegation of false accounting.
• Representing CEO of Gulf group in respect of prosecution arising from relationship with BCCI.
• Representing CEO of Attock Oil charged in respect of relationship with BCCI.
• Representing property developer charged together with solicitor in respect of allegations of mortgage fraud.
• Representing independent auditor of Isle of Man Bank against fraud allegations following insolvency of bank.

International Corruption and Sanctions

Philip Hackett has advised on self reporting, whistleblowing and internal enquiries and has considerable experience of multi jurisdictional cases and negotiations with multiple regulators including civil settlements and plea agreements. He regularly lectures for organisations such as the IBA, the Commonwealth Lawyers association on international bribery and corruption compliance matters. He has recently conducted seminars for the Nigerian Bar Association and Europol.
Cases in the public domain include British Aerospace; V Mobile; Oil for Food; Innospec and the prosecution of former cabinet ministers in Turks and Caicos.

• Representing company executive in SFO prosecution of Innospec.
• Representing trading counterparty charged with facilitating corrupt activity by British aerospace.
• Advising West African foreign government official on UK investigation and subsequent prosecution alleging international corruption.
• Advising on Crimean and Ukraine sanctions.
• Representing company charged with breaches of EU trading sanctions.
• Advising on claim to LPP in course of internal investigation and international regulatory investigation.
• Advising on negotiation and settlement with international regulatory authorities.
• Advising on obligations and adequacy of compliance in respect of bribery and corruption.
• Advising on obligations to report counterparty conduct where corruption suspected.

Regulatory and Financial Services

Financial services:

The broad range of Philip Hackett’s practice and experience in financial and commercial matters includes:
• Advising on regulation, compliance, licensing and authorisation required for the provision of investment, trust and corporate services in the UK.
• Advising on ‘passport rights’ within the European Economic Area in compliance with the single market directive.
• Advising entities and individuals on compliance, audit and training requirements including bribery and corruption.
• Advising on the appropriate response to regulatory enquiries and investigations.
• Representing bond dealer in internal fact finding review into dealing conducted at regulators request.
• Representing company CEO in FSA prosecution for market manipulation.
• Representing press share tipster in DTI prosecution for market manipulation.
• Advising on compliance with international sanctions.
• Advising on preservation of LPP during regulatory investigations.
• Representing parties in regulatory and professional disciplinary proceedings arsing form regulation of financial services.
• Advising on insider dealing and market manipulation investigations by regulator.
• Advising on money laundering obligations of investment fund following criminal allegations against investors.

Health and Safety

Since defending the Captain of the Herald of Free Enterprise Philip Hackett has specialized in numerous manslaughter, environmental and health and safety cases. He has particular experience in the construction and road haulage industries and duties under the Construction (Design and Management) Regulations.
• Advising company and directors in respect of manslaughter investigation following death caused by automatic gates.
• Representing CDM principal contractor through inquest and HSE manslaughter investigation following construction fatality.
• Representing company director in prosecution for manslaughter against company and director arising from death allegedly caused by inhalation of noxious gases.
• Representing company director in prosecution for manslaughter following death resulting from fall from height during construction project.
• Representing company in prosecution of consulting engineer and director for supervision of road construction project.
• Several cases of representing directors of road Haulage Company in prosecution for manslaughter following fatal accident.
• Representing fleet service engineer in prosecution for seven counts of manslaughter following Sowerby Bridge disaster.
• Representing designer in allegation of breach of CDM regulations following death during construction of aircraft hangar.
• Representing employers in allegation of breach of Environment Act in handling of poisons in management of estate.
• Representing installer in respect of manslaughter allegation arising from installation of gas appliance.
• Representing company in HSE prosecution for failure to train and supervise staff in use of hazardous machinery.
• Representing water supply Company in prosecution for failure to observe asbestos regulations during construction.
• Representing company in HSE prosecution for unsafe system of work following death caused by industrial explosion.
• Representing consulting engineer in HSE prosecution following gantry accident during renovation of the Severn Bridge.
• Representing consulting engineer following the collapse of the factor façade during renovation.

Tax

Philip Hackett advises in responses to HMRC enquiries and investigations, Disclosure Facility Cases, Disclosures, Code of Practice 9 cases and cases before the Tax Tribunals. He also advises in respect of civil and regulatory claims arising from mis selling and negligence of advisors.

Legal Directory recommendations

Philip Hackett QC “sets the bar incredibly high” due to his “exceptional experience” in UK and international cases relating to fraud and asset tracing.  He boasts particular knowledge of commercial, banking and auditing and is valued for “always remaining calm and collected in difficult circumstances”. (Who’s Who Legal: 2015)

Philip Hackett has been commended for many years, recent quotes include;
“Philip Hackett QC of 4-5 Gray’s Inn Square is “a sensational advocate,” whose “advocacy is of an exceptional standard,” say impressed sources. He has recently been defending in the prosecution of Asil Nadir, former head of the Polly Peck trading empire” Chambers UK 2013 (Fraud).

One market observer noted that Philip Hackett QC of 4-5 Gray’s Inn Square “can find an acquittal where others would fail miserably.” He is “a strong advocate whether in court or in the robing room but he can be measured as well if circumstances demand it.” Chambers UK 2013 (Health and Safety).

“The ‘nearly faultless’ Philip Hackett QC is the counsel of choice for many solicitors requiring outstanding expertise in the most complex criminal matters.” Chambers UK 2012 (Fraud).

“Philip Hackett QC is applauded for his magnificent work in relation to fraudulent trading, money laundering and confiscation proceedings. ‘He is a superb advocate and a master tactician’, who is ‘approachable and highly prepared’.” “A barrister with the X-factor.” Chambers UK 2011 (Fraud)

“Philip Hackett QC is a defence mainstay when it comes to corporate and gross negligence manslaughter inquiries. He impresses with his ‘clarity of thought and ability to get to the nub of a case quickly and effectively’.” Chambers UK 2011 (Health and Safety)

“Solicitor favourite. He is known for doing ‘a great job in the most difficult circumstances’, “Fiercely bright, highly articulate and very persuasive” Chambers 2010 (Fraud)

“A lawyer who ‘knows exactly what questions to ask’. ‘Highly sensitive to the mood of the court’. Chambers 2010 (Health and Safety).

 

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“Its tremendous reputation is founded upon the cornerstones of faultless organisation and a devotion to practical solutions”

Chambers & Partners