Year of Call 1988

Adrian
Eissa KC

Door Tenant

adrianeissakc@millenniumchambers.com

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Areas of Practice

  • Criminal Appeals
  • Confiscation and the Proceeds of Crime
  • Civil Recovery including Unexplained Wealth Orders
  • HMRC tax investigations, including proceedings in the First Tier and Upper Tier tax tribunal proceedings
  • Companies Act Offences
  • Fraud including Serious Fraud Office prosecutions,
  • Financial Conduct investigations
  • Homicide
  • Serious sexual offences
  • Serious and complex crime including drug trafficking, firearms, and serious violence
  • Health and Safety
  • Professional Discipline

Appointments

  • 2012 – present Recorder of Crown Court (authorised to try serious sexual offences)
  • 2018: King’s Counsel

Professional Memberships

  • Proceeds of Crime Lawyers Association (POCLA)
  • Fraud Lawyers Association (FLA)

Expertise

Adrian Eissa KC is a vastly experienced King’s Counsel who enjoys a diverse practice encompassing all aspects of serious and complex crime, including fraud, business crime and confiscation.

Adrian is Public Access accredited and accepts direct instructions from lay clients.

https://www.barcouncil.org.uk/using-a-barrister/public-access/

Publications

  • Contributor “The Proceeds of Crime” by Millington and Sutherland Williams 5th Ed published 2018 by Oxford University Press (Chapters on Civil Recovery).
  • Case commentary for Criminal Law Week 2019.
  • Fraud: A Practitioners Handbook” published 2014 by Bloomsbury Professional.
  • “Confiscation: A Practitioners Handbook“, published 2011 by Bloomsbury Professional.

Recommendations (Legal 500 and Chambers & Partners Publications):

  • Recommended as a Leading Silk in Crime in Chambers & Partners 2019
  • ‘Adrian is an outstanding all-around barrister who makes persuasive arguments before the Court of Appeal. He is truly a titan at the criminal bar.’ Legal 500 2022, Crime
  • Adrian is calm, methodical, and unflappable under pressure. A charming advocate whom juries like.’ Legal 500 2022, Fraud Crime
  • Juries find him very difficult to dislike, and his natural likeability can benefit a defendant in a criminal case. In cross-examinations, he can switch from easy-going to stone-cold in a second – sometimes to devastating effect.” Chambers UK 2022
  • “He makes the implausible sound plausible.” Chambers UK 2022
  • “He is an extremely capable lawyer who is fair and focused.” Chambers UK 2022
  • “He is one of the leading experts in this area and has an encyclopaedic knowledge of POCA.” Chambers UK 2022
  • ‘A good tactician who is diligent and painstaking. He has an easy way with the jury.’ Chambers UK 2021
  • ‘Brilliant at spotting needles in haystacks, and his client care skills are spot-on.’ Legal 500 2021, Crime
  • ‘Very thorough. Comprehensive knowledge of relevant legal principles. Excellent at communicating with the client. He remains positive in the face of even the worst of judicial storms.’ Legal 500 2021, Fraud
  • ‘Great with clients and pure class in court.’ Chambers UK
  • ‘An excellent advocate. He has a great touch with clients.’ Legal 500

Notable Cases

Reported Cases

RSPCA v Doherty Application for leave to appeal against conviction• Limited Company v K – Contempt proceedings arising out of alleged civil fraud over £1,000,000.

R v PG [2020] EWCA Crim 193 –Minimum tariff for murder reduced from 18 to 15 years

R v AC [2018] EWCA Crim 2505– Appeal against sentence for Class A drug trafficking offences.

AB v CPS [2017] EWHC 2963 (Admin) Case stated in which the court quashed the conviction for robbery on the basis that the erred in law in rejecting a submission of no case to answer, because there were, on the facts, other realistic possibilities consistent with innocence. The court also agreed with the submission that the lower court was wrong to draw an adverse inference from the appellant’s silence in an interview under s34(2)(d) of the Criminal Justice and Public Order Act 1994

R v PL [2017] EWCA Crim 590 Appeal against sentence in DEFRA prosecution for the fraudulent obtaining of Forestry Commission grants.

R v AP, PC – [2017] EWCA Crim 885 Appeal against sentence in drugs conspiracy.

R v EH [2017] EWHC 841 (Admin)- Appeal by way of case stated as to the definition of dwelling house burglaries for the purpose of 9 (1) Theft Act 1968. Judgment pending.

R V S 2015 EWCA Crim 1565: Conviction quashed because of inadequate directions on bad character evidence. Adrian did not appear at the trial but was instructed to advise on appeal following conviction.

R v G [2014] EWCA Crim 914 – Leave to appeal against sentences for conspiracy to commit robbery.

R v O 2013 EWCA Crim 354 – Appeal against sentences imposed of possession of firearms, silencer and expanding ammunition.

R v T 2011 EWCA Crim 646 – Whether the Appellant should be deemed to have obtained a pecuniary advantage equivalent to the benefit figure, whether the Appellant had a criminal lifestyle within the meaning of POCA 2002.

R v B 2012 [2012] EWCA Crim 1742 – Leave to appeal against the sentence of imprisonment for public protection.

R v M [2012] EWCA Crim 1236 – Appeal against sentence for robbery offences.

R v C 2011 EWCA Crim 377 – Appeal against sentence concerning the extent of the discount available to an appellant who believed the drugs to be Class B, not Class A.

R v VJA 2010 EWCA Crim 2742 – Interlocutory appeal in SFO prosecution defining the ambit of interlocutory appeals under the CJA 1987.

R v V [2011] EWCA Crim 2517 – Appeal against sentence for conspiracy to supply Class A drugs.

R v K 2010 2 Cr App R (S) 4 – Appeal against sentence regarding firearms offences.

R v S 2009 EWCA Crim 831 – Leading case on the effect of bankruptcy orders in confiscation proceeding.

R v P 2009 EWCA Crim 2971 – Appeal against sentence regarding firearms offences.

R v P 2009 1 Cr App R (S) 19 – Sentence reduced regarding 16-year-old convicted of murder.

R v T 2009 EWCA Crim 1035: Arising out of an armed robbery at Heathrow Airport, acting as Respondent in the prosecution appeal against refusal of Crown Court judge to order the first and only ever trial without jury in the history of England & Wales.

POCA

Police v NI – Advising former defence to attach to a foreign government regarding account freezing order.

In Re A – Advising foreign bank seeking to intervene in an Unexplained Wealth Order 2020.

R v O – Representing the alleged “banker” to the former Governor of a foreign state. The alleged benefit of £35,000,000.

Financial Conduct Authority V DW –Application to vary pre-charge restraint order against company director of a failed listed company.

R v AS –Representing company director in £35,000 alleged benefit confiscation proceedings arising from money laundering offences.

HMRC v SG – Account freezing orders successfully varied.

R v WHM – Advising a foreign company concerning restraint proceedings freezing Cryptocurrency.

R v MM – Representing Company director concerning POCA proceedings arising from VAT fraud.

R v TD – S22 Application to increase the available amount reduced to one-sixth of the original claim.

R v O Ltd– Discharge of restraint order imposed on Limited Company on the basis that it was wrong to “pierce the corporate veil”.

R v RE– S22 Application to increase the available amount substantially reduced.

R v AL – Defending s22 application to increase the available amount regarding a pension fund.

R v GW – Acting for a defendant subject to s22 POCA proceedings in which the prosecution is seeking to increase the available amount.

R v MC – s22 POCA case in which the prosecution seeks to increase the available amount.

HMRC v SL – Successful return of cash seized by joint NCA and HMRC investigation into overseas Chinese property investors in the UK more than £1,000,000.

HMRC v SMC – Representing overseas Chinese investors in restraint proceedings brought by HMRC

FRAUD 

R v SA – Substantial boiler room fraud halted for disclosure failings six weeks into the prosecution case.

RL – Defending private prosecution alleging fraud by abuse of position by managing director within the company.

R v PM – Alleged fraud regarding family assets by daughter.

R v SW – SFO prosecution for corruption offences arising out of the reconstruction of the Iraq oil industry following the invasion of Iraq. Defending Unaoil’s Territory Manager for Iraq in a 4-month trial is regarded as the most significant bribery trial of 2020.

RSPCA v DD– Defending RSPCA prosecution of a veterinary surgeon charged with £2,500,000 conspiracy to defraud.  Suspended sentence achieved.

R v AS – Central Criminal Court: Defending company Director charged with money laundering arising from bonded warehouse business.

R v ES – Central Criminal Court – Fraudulent trading charge brought against former Premiership footballer and company director of a registered charity.

R v DW – Southwark Crown Court – Operation Hayrack. Successful defence of a company director charged with offences under the Prevention of Corruption Act 1906 involving the Head of Property Department at the Royal Household.

R v MH– Successful defence of a company director charged with boiler room fraud regarding the sale of fancy-coloured diamonds. Following cross-examination of the prosecution expert witnesses, the trial judge referred them to the DPP to be considered for prosecution for perjury.

 TAX

KSM V HMRC

[2021] UKUT 182 (TCC) Upper Tier Tax Tribunal: successfully argued that public law principles apply to decisions under s83 VATA 2021

 HOMICIDE

R v MWG – Four-week murder trial representing a 16-year-old defendant.

R v AM – Murder trial, representing a 16-year-old defendant.

R v CI – Central Criminal Court 2019 – 7 handed manslaughter case lasting six weeks.

R v PG – Central Criminal Court 2018 – 8 handed murder trial.

R v KC – Northampton CC: 4 handed murder trial.

R v Al S – Central Criminal Court – Death by dangerous driving.

REGULATORY

Royal College of Veterinary Surgeons v PC – Defending Veterinary Nurse regarding professional disciplinary breaches.

Royal College of Veterinary Surgeons v NS – Successful defence of Veterinary practitioner in respect of multiple charges alleging breaches of the RCVS Code of Conduct.

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