Barristers

Nicholas Chapman

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Nicholas Chapman

Called

2001

Appointments

Junior Counsel to the Crown (Treasury Panel, Civil List C): appointed 2009

Serious Fraud Office Panel of Counsel (List B): appointed 2009

Attorney General's Panel of Prosecuting Counsel (Crime List C): appointed 2006

Practice Areas and Specialisations

Tax Litigation

Serious Fraud and Organised Crime

Asset Recovery

Mutual Legal Assistance

Public Law

Regulatory and Disciplinary Law


After focusing for several years on the prosecution of serious criminal fraud and organised crime, Nick’s practice is now very broadly based, taking in a wide range of interconnected areas of law such as civil tax litigation, complex fraud prosecutions, civil and quasi-criminal asset recovery, insolvency, chancery/commercial litigation, regulatory law and public law.  Many of his cases involve the interface between criminal and civil law or have some other criminal dimension.  His clients include a range of Government and prosecuting bodies, including the Treasury Solicitor, HMRC, CPS Fiscal Fraud, RCPO, SOCA, BIS and leading firms of solicitors.


Tax Litigation

Nick's practice is increasingly focused on litigation relating to tax fraud, both in the criminal and civil context.


Since his appointment as Junior Treasury Counsel in 2009, Nick has been briefed in several very large and complex civil VAT appeals, generally involving allegations of MTIC fraud, and frequently with tens of millions of pounds in dispute.  He has been briefed in his own right in a number of significant appeals and as junior counsel to HMRC in one of the largest MTIC appeals to be heard.  He acts for SOCA in direct tax proceedings relating to Part 6 POCA general revenue functions and for HMRC in Chancery Division proceedings involving, for example, provisional liquidation on the basis of tax fraud or winding up due to tax default.


Serious Fraud and Organised Crime

Nick continues to act in complex and high-profile criminal prosecutions involving duty evasion, direct tax and especially major MTIC fraud and the related money laundering.  He has acted in some of the very biggest criminal cases in this context.  He has a detailed understanding of accountancy procedure and tax regulations and has particular experience of cases involving disclosure and public interest complexities (RIPA, PII etc).
 
Asset Recovery
Nick also specialises in the recovery of the proceeds of crime and civil fraud.  He has been briefed as specialist asset forfeiture counsel on a number of very major criminal cases involving tens or hundreds of millions of pounds.  He has appeared in a number of reported cases in this context.  In 2008, Nick was briefed to provide policy advice to RCPO, principally relating to disclosure in parallel criminal and asset forfeiture proceedings.  He has also acted in multi-million pound Chancery Division actions involving the tracing and freezing of the proceeds of civil fraud.  

Mutual Legal Assistance

Nick has particular expertise in cases with an international dimension. He has advised and appeared in numerous cases involving the obtaining and use of foreign evidence and also has considerable experience of the tracing and freezing of overseas assets, including in the most serious and complex cases.  In 2006-2007 he was briefed by RCPO to undertake a major review of its policies and procedures relating to mutual legal assistance.  He acted as junior counsel to HMRC in Megantic v HMRC, an important case relating to the use of overseas evidence in civil/tax proceedings.
 
Public Law
As a member of the Treasury Panel, Nick advises and acts for a range of Government departments and bodies across a wide spectrum of civil and public law, often but not always involving human rights issues and/or the interface between criminal and civil law.  His public law cases typically take in issues such as asylum and humanitarian protection, unlawful detention, habeas corpus, data protection, public interest immunity, penal law, deportation and bail.  He has appeared in a number of reported cases in this context.  Nick also acts for Government in other contexts, for example in civil restitution proceedings or in employment / disciplinary proceedings.


Regulatory and Disciplinary Law

Nick has an evolving regulatory / disciplinary practice, principally relating to the accountancy profession and financial markets, and has advised in cases of very major public interest.

Education and Qualifications

Bradford Grammar School
Winchester College (Nominee)
Nottingham University and Université de Versailles (LL.B. Law with European Law)
Middle Temple Diplock Scholar

Memberships

Criminal Bar Association
Young Fraud Lawyers Association
Association of Regulatory and Disciplinary Lawyers
Proceeds of Crime Lawyers Association

Cases of Interest

Significant cases in which Nick's involvement can be reported include:
 
Midland Group v HMRC (2011) junior counsel for HMRC in conjoined VAT appeals relating to VAT repayment claims totalling almost £15m over a 3-month period, where the claims were rejected because the transactions giving rise to them were connected with MTIC fraud and the appellants knew that
 
Operation Capri II (2011) prosecution junior for CPS Central Fraud Group in very major MTIC money laundering trial, resulting from one of the largest and longest running criminal investigations ever conducted by HMRC, and in ongoing confiscation proceedings; the case has given rise to 3 leading authorities relating to jury tampering, trial by judge alone and the use of secret evidence in criminal bail proceedings
 
Operation Overhaul (2011) prosecution junior for CPS Central Fraud Group in a major tax credits fraud prosecution, reported to be the largest ever, and in ongoing confiscation proceedings
 
Operation Decade (2009) disclosure counsel / prosecution junior for RCPO in multi-million pound direct tax fraud trial, and in subsequent confiscation proceedings in which orders of over £1.5m were made
 
Operation Airdrop (2009) disclosure counsel for RCPO in a number of significant linked money laundering prosecutions
 
Operation Minute (2008) prosecution counsel for RCPO in major direct tax fraud trial involving the diversion of over £1.5million in trading income through a complex offshore structure, and in subsequent confiscation proceedings
 
R v Gatonga (2008) prosecution counsel for RCPO in trial of an organiser in an international cocaine trafficking ring, and in subsequent confiscation proceedings
 
Operation Hispid (2007) defence junior for lead defendant in large-scale conspiracy to supply cocaine and firearms trial lasting 3 months
 
Operation Darnley (2006) defence junior in multi-million pound conspiracy to defraud trial (banking fraud), acquitted on half-time submission after 2 months
 
Operation Brandfield (2004) disclosure junior for RCPO in very major linked international drugs conspiracy appeals involving allegations of high-level corruption
 

Reported Cases

Over recent years, Nick has acted in numerous reported cases, the most interesting of which include:
 

Regina (KSS) v Northampton Crown Court [2012] 1 WLR 1 : (2010) 2 Cr App R 23 : (2010) UKHRR 828 : (2011) CLR 469 : (2010) ACD 53. For interested party (CPS Revenue & Customs Division). Leading authority on the use of secret material in criminal bail proceedings
 

Regina (Aitouaret) v Secretary of State for the Home Department [2010] EWHC 723 (Admin). For the Home Secretary (instructed by the Treasury Solicitor). Leading authority on the power of dual detention by virtue of criminal sentence and concurrent immigration detention
 

Regina v S(K) (2010) 1 WLR 2511 : (2010) 1 All ER 1084 : (2010) 1 Cr App R 20 : (2010) Crim LR 643 : The Times, 25.11.09. For CPS Central Fraud Group (led by Jonathan Kinnear). Leading authority on the continuation of a trial by judge alone where jury tampering has taken place (s.46 CJA 2003)
 

Regina v S(K) (No.2) (2011) 1 Cr App R 6. For CPS Central Fraud Group (led by Jonathan Kinnear). Leading authority on trial by judge alone on the basis of a risk of jury tampering (s.44 CJA 2003)
 

Megantic Services Ltd v HMRC [2010] UKUT 464 (TCC) For HMRC (led by John Black QC and Jonathan Swift QC). Leading authority on the effect of the mutual legal assistance provisions of the Crime (International Co-operation) Act 2003, the interplay between requests made in criminal and civil contexts, and the power to apply for assistance for the purposes of civil / tax proceedings.
 

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