Barristers

Stuart Biggs

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Stuart Biggs

Called

1999

Appointments

Appointed to the CPS Advocate Panel at Level 3

Practice Areas and Specialisations

 

Intellectual Property Crime

Stuart has a particular specialism in intellectual property crime.  He is instructed on a very regular basis by the British Phonographic Industry and the International Federation of the Phonographic Industry and has provided detailed advice on the substantive law and on investigations and procedure.  In particular he has developed a specialism in the law in respect of internet piracy and its development worldwide.

 

Fraud and Serious Crime

Stuart has a strong practice in fraud and heavyweight crime.  He is instructed regularly by the Serious Fraud Office and the Organised Crime Division of the Crown Prosecution Service and has defended in numerous fraud trials and in serious criminal trials, including murder and large-scale drugs offences.

 

Confiscation and Asset Forfeiture

Since authoring the Butterworths' Guide to the Proceeds of Crime Act 2002 Stuart has maintained a keen interest in this area. He has conducted a significant number of contested confiscation hearings, acting for prosecution, defendants and third parties. He appears regularly in restraint and enforcement proceedings in the High Court and Crown Court and also has experience of judicially reviewing the decision to commit for non-payment. He has considerable experience in cash forfeiture cases.

 

Public Law/Judicial Review

Stuart has a developing public law practice encompassing both judicial review of decisions in the criminal courts and an increasing range of other matters.

 

Local Government / Regulatory & Civil Law

Stuart acts regularly for Kensington and Chelsea, Ealing and Westminster local authorities in a wide range of matters both in an advisory capacity and at court. In particular he specializes in cases of environmental and planning law and food safety.

Stuart advises and acts for HMRC in cases before the VAT Tribunal.

Stuart is experienced in providing advice for commercial clients where companies and other organisations come into contact with regulatory systems or with the criminal justice system.  This includes acting in the civil jurisdiction for companies who have become victims of fraud, as well as advising them on the mechanics of the criminal jurisdiction.

He has experience of advising and acting in respect of individual and company insolvency and has acted for a director in contested company directors' disqualification proceedings.

 

Private Prosecutions

Stuart has advised and acted in an increasing number of private prosecutions for a wide range of organisations and interest groups.

Education and Qualifications

MA (Cantab)
Qualified to receive instructions through Direct Public Access

Memberships

South Eastern Circuit
Young Fraud Lawyers' Association
Criminal Bar Association

Cases of Interest

R v. Oliver & Others - Croydon Crown Court 2010. Large scale drugs importation junior counsel for Crown Prosecution Service Organised Crime Division.

R v. Dover Justices, ex parte Ilyas. Judicial review of decision to impose default sentence for non-payment of confiscation order.

R v. Mohammed and others - Southwark Crown Court, 2009-2010. Series of mortgage frauds; junior counsel for the Crown Prosecution Service Organised Crime Division.

R v. Joseph. Defence junior in murder trials, diminished responsibility defence.

R v. Richardson Lincoln Crown Court. Investment fraud; junior counsel for the Serious Fraud Office.

R v. Carr and Jeffrey Birmingham Crown Court. Three month prosecution of £18 million accounting fraud; junior counsel for the Serious Fraud Office.

R v. Montlake and others Liverpool Crown Court. Three month trial of international advance fee fraud; junior defence counsel.

R v. Kiani and others Sheffield Crown Court. Series of trials of asset stripping and factoring frauds; junior counsel for the Serious Fraud Office.

Re Finelist. Two week trial in the Chancery Division before Etherton J. in proceedings under the Company Directors Disqualification Act 1984; defence counsel.

Peat/Lawson inquiry into various aspects of the conduct of members of the household of St. James's Palace; junior counsel.

Counsel for the Department for Business, Innovation and Skills in a number of trials of insolvency offences and perjury in bankruptcy proceedings.

Counsel for Revenue and Customs in a number of trials including R v. Golizadeh and others (160kg drugs importation encompassing transfer of work from Her Majesty's Customs and Excise to the Serious Organised Crime Agency) and R v. Patni and others (nine month gold import/export fraud).

Reported Cases

R (on application of Harper and Johncox ) v. Aldershot Magistrates'Court [2010] EWHC 1319 Admin

R (on the application of Coxon) v. Manchester Magistrates' Court [2010] EWHC 712 (Admin)

R v. Maye (2008) UKPC 36

R v. Golizadeh and others (2008) 2 Cr.App.R.(S) 47

Secretary Of State for Trade and Industry v. Swan and others (2005) BCC596

Publications

Stuart is an author of the Butterworths' Guide to the Proceeds of Crime Act 2002.

Associated Work

Stuart regularly provides training and seminars for members of the legal profession and investigating officers on a range of topics within his areas of specialisation.

Advisory work for the BBC in respect of its programme The Secret Agent, an investigation into the activities of the BNP.

Stuart is currently a member of the Chambers' Management and Pupillage Committees.

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