Michael Birnbaum QC

Called

1969

Queen's Counsel

1992

Appointments

Recorder of the Crown Court (1995)

Trustee of the Redress Trust

Reviews

Rob Borwick - ABV
“A silk who consistently delivers results. His attention to detail and meticulous approach leaves nothing to chance…an incredible tactician and a superb intellect…. one of the most engaging counsel I have worked with…..entirely hands on …. constantly accessible“

Akhtar Ahmad - ABV
“An advocate of outstanding ability. A razor sharp intellect and shrewd tactician. One of the hardest working barristers I know. Leaves no stone unturned in preparation and excellent at providing clear direction and focus to the preparation conducted by junior counsel and those who instruct him. Lay client's are instantly reassured by his hands on approach to preparation and personable manner. Incisive cross examination, cogent legal arguments and immensely persuasive style before a jury set him apart from others. An innate ability to simplify complex issues and to identify the central issues. Above all else he is the master of his brief and the courtroom.”

Deepak Vij

"Michael Birnbaum QC is a remarkable and very talented leading Silk. Simply…...’no body works harder than he does’. His scrupulous attention to detail in respect of his preparation on a case is exceptional. He is an incomparable tactician and has the mental agility to think ‘out of the box’. He is well respected and highly regarded for his brilliant advocacy skills. A real powerhouse who has a pleasant, kind and impressive manner with the lay client."

Glyn Maddocks - Gabb and Co

One of the understated stars of the criminal bar…..a superb advocate …unrivalled attention to detail and ability to seek out the most telling points….specialist expertise in criminal appeal and CCRC matters is almost unique…”

Natalie Roberts - Lawrence Graham
“Has a logical and conscientious approach with a great eye for detail… shines above his opponents yet is down to earth, very approachable and much liked in his profession.”

Juliet Oury - Oury Clark
“Incredibly committed professional and diligent …..demonstrates great commitment to those in less fortunate situations. ”

Antonita Nagalingam - Mackeseys
“Thoroughly analytical and able to uncover points which no other barrister would be able to find…. a unique style …very down to earth...unruffled fighting spirit when at court … unpretentious…..brilliant.”

Practice Areas and Specialisations

Serious crime for both prosecution and defence; extradition; serious fraud; judicial review; appellate work; human rights and applications to the European Court of Human Rights.

Michael is a very experienced trial advocate in criminal cases. He is also a special advocate and appears in sensitive cases relating to matters such as control orders and deportation. He advises on all issues relating to criminal law including money laundering and criminal aspects of tax investigations.

He has appeared in many appeals to the Court of Appeal and the Privy Council and has prepared numerous applications to the Criminal Cases Review Commission. He is frequently consulted on appeals, where trial counsel has advised that there are no arguable grounds and has persuaded the Court of Appeal to quash convictions in a number of such cases. Over the years he has done a substantial amount of pro bono work both in English and international cases.

Michael has conducted trial observations in Nigeria (Ken Saro-Wiwa and others 1995), Sierra Leone (treason trials 1998) and Sri Lanka (inquest into the massacre of 17 aid workers in 2006 - 7). He was for many years a member of the Executive Committee of the Bar Human Rights Committee. He is now a Trustee of the Redress Trust. He has written numerous opinions and amicus briefs in relation to cases in Malaysia, USA, India, Sierra Leone, Nigeria and Hong Kong. He conducted human rights training in Sudan in 2005.

He has attended a number of international conferences on behalf of the English Bar and was a consultee to the Home Office on the International Criminal Court Legislation 2000.

In 2003 he drafted submissions on behalf of the English Bar on proposed amendments to the Hong Kong Crimes Ordinance relating to treason, secession, subversion sedition and official secrets.

Education and Qualifications

BA - Oxon

Memberships

Amnesty
Justice
Criminal Bar Association

Languages

French
Italian

Cases of Interest

Reading Crown Court, February 2011. Secured the acquittal of KS on charges of murder and arson in a "cut throat defence" with a co defendant whom the jury convicted

Old Bailey, July 2010. Successfully defended KS, alleged to have murdered one man and assaulted two others in a fight outside a pub in Ealing.

July 2010. Obtained leave to appeal from the Privy Council to argue the appeals of four men convicted in Jamaica. The appeal raises a major point of principle relating to jury directions in cases of disputed identification.

Autumn 2009. Argued the appeals of Mindy Sanghera, convicted of killing the wife of her lover; of Stephen Marsh convicted of the murder of his wife; Aziz Miah convicted of murder in a chicken restaurant and of AMK convicted of rape.

June 2009. Persuaded the Court of Appeal to quash the convictions of Roberto Parchment convicted of a gang related killing in 2006.

Spring 2009. Obtained leave to appeal for Aziz Miah convicted of murder and for AMK, convicted for rape and conspiracy to pervert the course of justice, even though he had pleaded guilty at trial.

January 2009. Successfully defended Timarli Forster at the Old Bailey, accused of executing a fellow drug dealer.

January 2009. Appeared pro bono in the Privy Council for Ronald John convicted of capital murder in Trinidad. After dismissal of his appeal advised on further proceedings in Trinidad and before the Inter American Commission of Human Rights.

Autumn 2008 Spring 2009. Appeared as special advocate for two Libyans against whom control orders had been made. The order against one of them was quashed.

December 2008. Won the Privy Council appeal of Monsieur Guy Lebon, who had been fighting for 25 years to establish his legal title to a small piece of land in Mauritius on which he had built his family home.

August 2008. Appeared as amicus curiae in the case of Binyan Mohammed (Administrative Court).

Summer 2008. Won two out of three Jamaican murder appeals to the Privy Council, those of Gerald Muirhead and Richard Maye.

Summer 2008. Persuaded the Court of Appeal to quash the conviction of G, convicted of killing his child.

Summer 2008. Obtained leave to appeal for Stephen Marsh convicted of killing his wife.

January and February 2008. Represented AMK, accused of rape who alleged that he had been set up by the Counter Terrorism Command. Argued important issues as to fair trial arising from the arrest and charging of the defendant's alibi witnesses.

July 2007. His submissions to the Court of Appeal in the case of Santharatnam and others led to the quashing of the convictions of six men (including four convicted of murder).

June 2007. Appeared for Paul Mackin in the Court of Appeal challenging his convictions for serious assault after a reference by the Criminal Cases Review Commission.

December 2006. Appeared pro bono in six petitions to the Privy Council for Jamaican defendants convicted of murder, obtaining leave to appeal in three of them.

Summer 2006. Successfully defended Deedar Syed, accused of the killing of a fellow prisoner.

2005. Appeared for Oliver Campbell in judicial review challenge to the Criminal Cases Review Commission's refusal to refer his conviction for murder to the Court of Appeal.

2005. Prosecuted the first case of rape against juveniles in the Crown Court under the Sexual Offences Act 2003.

2005. Prosecuted Dema and others. Four Albanians accused of revenge killing in Brighton.

2005. Defended James Fox one of eight men charged with £33 million robbery at Heathrow. Led abuse arguments for defence team.

2005. Prosecuted Christopher Newman convicted of a murder in Dublin. First UK prosecution for a murder committed in Eire.

2004. Defended in eight-handed murder, Santharatnam and others. Led legal argument re admissibility of statements of witness allegedly kept away by defence.

2004. Appeared for David Ashberry in judicial review challenge to the Criminal Cases Review Commission's refusal to refer his murder conviction to the Court of Appeal.

2004. Defended Majid Kahn one of four men accused of revenge murder.

2003. Prosecuted Dena Thompson ("The Black Widow"). She was convicted of killing her husband by poisoning him and faking his suicide.

2002 2003. Successfully defended Yasir Rafiq. Prosecution attempting to run two inconsistent cases against defendant charged with murder.

2002. Persuaded Uxbridge magistrates to order the return of the largest sum of money seized as suspected proceeds of drug trafficking (£7.5 million).

2001- 2. Led for the defence in largest ever copyright fraud prosecution "The Microsoft Fraud" a nine-month trial. Co-ordinated defence strategy, argued all principal submissions and did main cross-examinations.

2000. Defended Peter Hastings, cleared of murder on first investigation but charged after new DNA evidence and change in alleged date of killing.

2000. Persuaded the Court of Appeal to quash the conviction of John Kamara, wrongly convicted of murder in 1982.

Reported Cases

Reported appeal and judicial review cases since becoming Queen's Counsel:

Marsh [2009] All ER (D) 231 (Dec)

Miah and others [2009] All ER (D) 61 (Dec)

State v John [2009] 5 LRC 259. Privy Council.

Lebon and another v Aqua Salt Co Ltd [2009] 1 BCLC 549. Privy Council.

Secretary of State for the Home Department v. AV (proceedings under the Prevention of Terrorism Act 2005) [2009] All ER (D) 227 (Apr). Control order.

R (on the application of Mohamed) v. Secretary of State for Foreign and Commonwealth Affairs [2008] All ER (D) 123 (Aug). Amicus Curiae.

Muirhead v R [2009] 2 LRC 534. Privy Council.

Smith v R [2009] 2 LRC 428. Privy Council.

Roden and another [2008] All ER (D) 322 (Apr).

Mackin [2007] All ER (D) 97 (Aug).

Alibhai and others [2004] All ER (D) 573 (Mar).

Phillips [2003] 2 Cr.App.R. 35. Leading case on admissibility of background evidence.

Nolan [2002] All ER (D) 609. Disclosure in identification cases.

AG's Ref no 6 of 2000 [2000] All ER (D) 609. Minimum term on discretionary life sentence.

Ex parte Kaur [1999] All ER (D) 779. Estreating bail recognisances.

Ex parte Mortimor and Brown [1999] 1 WLR 17. Practice and procedure on importations of dutiable goods.

Williams and others v. R [1997] 2 WLR 910. Privy Council. Classification under Jamaican law of murders as capital or non capital.

Ex parte Hill [1998] 3 WLR 1011.

Appeared for the South African government in first post apartheid extradition from UK.

Ex parte Asif [1996] STC 611. Leading case on power of Customs to compel disclosure of banking information.

Mears v. R [1993] 1 WLR 818 Privy Council. Leading case on judge's unfair comments to jury.

Hewitt and Davis 95 Cr. App. R 19. Leading case on observation posts.

Ex parte Chinoy [1992] 1 AER 317. Bank of Credit and Commerce International manager involved in money laundering. Appeared for US Government.

Publications

Nigeria. "Fundamental Rights Denied". Report of the trial of Ken Saro-Wiwa and others.

"A Travesty of Law and Justice". An analysis of the judgment in the case of Ken Saro-Wiwa and others.

"VAT investigations and prosecutions. A criminal practitioner's perspective."

"Cheating the Revenue. What the Tax Advisor needs to know about the case of Charlton."

"Pinochet and Double Criminality". Criminal Law Review March 2000.

"Some Observations on Trial Observation" (Address to 2000 International Bar Association Conference in Amsterdam).

"Breaking the Codes Legal Human Rights and Practical Problems under Part 111 of RIPA"

"Criminal Justice Act 2003. The Hearsay Provisions."

Submissions on behalf of the English Bar on proposed amendments to the Hong Kong Crimes Ordinance relating to treason, secession, subversion sedition and official secrets.

Associated Work

Michael frequently broadcasts on issues of criminal law and human rights on the BBC, Channel 4 News, Sky News, NBC, CBS, Fox News, the World Service and "Hard Talk" with Tim Sebastian.

Barristers