SIMON RUSSELL
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Areas of Practice

  • Criminal Defence | Commercial Crime
  • Public Prosecution
  • Private Prosecution
  • Regulatory & Disciplinary Proceedings
  • Inquiries

Appointments

  • King’s Counsel – 2003
  • Recorder to the Crown Court – 2000
  • Assistant Recorder to the Crown Court -1998
  • Year of Call – 1980

Professional Memberships

  • Criminal Bar Association South Eastern Circuit Former Chairman of the Committee of the Kent Bar Mess
  • A Chairman of the Police Discipline Appeals Tribunal

Expertise

Simon Russell Flint KC is recognised as a top-class criminal trial and appeals barrister, and specialises in cases that require expert advocacy skills. Simon is instructed to advise professional clients early in proceedings regarding strategy and case management to achieve best outcomes.

Simon specialises in representing defendants charged with Fraud and Financial crimes and serious violence, particularly Murder and other homicides. He has also represented many defendants facing allegations of sexual offending (both present and historic), of manslaughter, child cruelty cases (including where death has occurred) and deaths by dangerous driving.

Simon is regularly consulted by clients convicted following trials to advise upon and to present applications and appeals to the Court of Appeal Criminal Division.

Simon has a reputation for being a tenacious defence advocate with a proven track record of success in high-profile cases. He is, without a doubt, one of the best cross-examiners in the business. Highly skilled, measured, forceful and persuasive; he has a thorough, analytical and adaptable approach.

MURDER, MANSLAUGHTER and other offending

Cases include:

R v JS and others – defending in a 13 handed Murder trial involving an allegation of a contract killing between OCGs in Nottingham and Manchester.

R v DH and others – defending in a 7 handed joint enterprise Murder of rival drug suppliers where cut-throat defences were advanced.

R v VS – defending 19 year old who had been bullied at College who admitted charge of Attempted Murder by stabbing of his aggressor.

R v JO and another – defending Defendant accused of Murder by gaining access to premises under pretence of offering sexual services, then drugging victims with scopolamine.

R v BNM & another – Murder, advancing defence of ‘loss of control’.

R v CH and others – defending in a joint enterprise Murder where cut-throat defences advanced.

R v JH – responding to application by A-G for CofA to consider sentence imposed at trial was ‘unduly lenient’.

R v JB – defending a 19 year old woman charged with Murder of her father. Defence of self-defence advanced.

R v MK – defending allegations of historic rapes and sexual abuse in sexual grooming ‘gang’ trial.

R v DD-W – defending a 14 year old, part of a ‘county lines’ operation, charged with Murder of a rival dealer.

R v TM – defending in trial  of the right-wing extremist terrorist murderer of Jo Cox MP.

R v EI & others – defending in allegations of group violence, leading to charges of Murder and Manslaughter.

R v CC – defending in a two handed Murder of fellow drug addict.

R v CBE – defending a doctor charged with causing the death by dangerous driving of one daughter and causing serious injury to another daughter.

R v P W – defending in trial of Dutch lorry driver charged with the death of 58 illegal Chinese entrants at Dover docks.

R v I – defending in trial of the ‘M25’ or ‘trophy’ rapist.

R v LLR, ZXQ & Others – defending in the Morecambe Bay cockle-picking disaster manslaughter trial.

R v H – defending in trial of man accused of killing a delivery driver. Convicted many years previously of murder, but prosecution brought without the A-G’s consent having been obtained. Retrial was ordered after the Court of Appeal ruled earlier proceedings was nullified. R v G and H [2015] EWCA Crim 952

R v IS – defending in trial of Murder of authoress HB and her dog B.

Simon also has experience in cases involving serious sexual offences, commercial crime, fraud, inquests, professional disciplinary tribunals, health and safety, extradition, drug trafficking, successfully defending a range of clients.

Notable Cases

Fraud & Financial Crime

R v KH & others – defending in trial of company director accused of participation in multi-million pound alcohol diversion fraud. Preliminary issue of fitness to plead.

R v MD & others – defending in trial of trader accused of participation in multi-million pound alcohol diversion fraud.

R v M & Others – defending in trial of High Net Worth Individual accused of conspiracy to cheat the revenue and cheating the revenue in respect of claims for capital loss relief.

R v J & J – defending solicitor accused of conspiracy to defraud made in a private prosecution by solicitor’s firm of which Defendants were former partners.

R v P & Others, defending in trial of former investment banker accused of conspiring to cheat the revenue over film finance investments.

R v S & Others – defending former employee of HBOS in trial of allegations of conspiracy to corrupt, fraudulent trading, blackmail and money laundering.

R v G & Another – defending in trial of a former company director charged with multiple allegations of obtaining investments by the making of false representations.

R v J & Others – defending former company director charged with allegations of corruption relating to Nigerian tax officials.

Limited Company v HMRC – First Tier Tax Tribunal – Leading counsel for Appellants in a claim for repayment of withheld input tax due to the alleged fraudulent evasion of VAT.

R v M & M – defending in trial of accused charged by SFO with laundering proceeds of £52 million pension disinvestment fraud.

R v B & D defending in trial of accused charged with transferring controlled prohibited arms to Iraq.

R v S & Others – defending one of 5 accused charged by SFO with laundering the proceeds of the alleged Beijing Olympics ticketing fraud.

Limited Company v HMRC – First Tier Tax Tribunal – Leading counsel for Appellants in a claim for repayment of withheld input tax due to the alleged fraudulent evasion of VAT.

R v R & Others – defending in trial of charges of defrauding lending institutions.

R v C – First junior counsel for the defence in three-handed SFO prosecution involving the international promotion of bogus investment schemes involving trades of transactions of Mexican government bonds.

R v C – defending in trial of charges of possession of 400 allegedly false bearer bonds each with a value of £5 million, purportedly issued by the Royal International Insurance Company.

TTI Ltd v Commissioners of HMRC  -First Tier Tax Tribunal – appeal proceedings for return of VAT payments made by company alleged to be participant in MTIC fraud..

DEH v Commissioners of HMRC – First Tier Tax Tribunal – appeal proceedings for return of VAT payments made by company alleged to be participant in MTIC fraud.

REGULATORY & DISCIPLINARY PROCEEDINGS

Simon is appointed by the Home Office as a Chairman of the Police Appeals Tribunal.

INQUIRIES

Formal Investigation into the collision between the Marchioness and the Bowbelle [HMSO 23.3.2001] (Counsel for TB, the “lookout” on the foredeck of the Bowbelle at the time of its fatal collision, in the formal investigation chaired by Lord Justice Clarke between Oct and Dec 2000)

Directory Recommendations

The Legal 500 goes on to say that he is “charming with clients and versatile” and an “excellent jury advocate”.

  • ‘A very stylish, well-rounded and experienced silk who has a very nice style with a jury.’Chambers & Partners 2017 (Crime)
  • ‘An exceptional barrister’. Legal 500, 2016: Crime
  • ‘Frequently instructed in sensitive cases’. Legal 500, 2016: Fraud: Crime
  • ‘He is a fantastic advocate whom juries love’. Chambers & Partners 2016 (Crime)
  • ‘He is very well regarded and hugely admired by a variety of people’. Chambers & Partners 2016 (Financial Crime)
  • ‘He is very good with the clients, very good on paperwork and he has charisma’Chambers and Partners 2015 Financial Crime
  • ‘Simon’s cross-examination stands out. He just has this lovely manner about him, and he is a very good tactician’Chambers and Partners 2015 Crime
  • ‘A skilled advocate who commands respect in the courtroom.’Legal 500 2014
  • “Immensely amiable, effective, intelligent and incisive”– few barristers enjoy a full commendation from the legal directories.

Simon was appointed as an Assistant Recorder in the Crown Court in 1998.

He was subsequently appointed as a full Recorder in 2000.

Since June 2021 Simon has held the appointment of Acting Judge of the Grand Court of the Cayman Islands.

Certification

Notable Cases

Fraud & Financial Crime

R v M & Others | Birmingham Crown Court, defending allegations of conspiracy to cheat the revenue and Cheating the revenue in respect of claims for capital loss relief by a High Net Worth Individual.

R v J & J | Isleworth Crown Court, defending allegations of conspiracy to defraud made in a private prosecution by solicitor’s firm of which Defendants were former partners. News Report

R v P & Others, defending allegations of conspiracy to cheat the revenue about film investments made by a former investment banker. News Report

R v S & Others | Southwark Crown Court, defending in allegations of conspiracy to corrupt, fraudulent trading, blackmail and money laundering, by former employees of HBOS. News Report

R v G & Another | Birmingham Crown Court, defending a former company director charged with multiple allegations of obtaining investments by the making of false representations.

R v J & Others | Southwark Crown Court, defending a former company director charged with allegations of corruption relating to Nigerian tax officials.

Limited Company v HMRC | First Tier Tax Tribunal – Leading counsel for Appellants in a claim for repayment of withheld input tax due to the alleged fraudulent evasion of VAT.

R v M & M [2012] | Southwark Crown Court, Leading counsel for the defence of accused charged by SFO with laundering proceeds of £52 million pension disinvestment fraud.

R v B & D [2012] | Southwark Crown Court, Leading counsel for the defence of accused charged by RCPO with transferring controlled prohibited arms to Iraq. News Report

R v S & Others [2011] | Southwark Crown Court, Leading counsel for the defence of MC, one of 5 accused charged by SFO with laundering the proceeds of the alleged Beijing Olympics ticketing fraud.

Limited Company v HMRC [ 2012] | First Tier Tax Tribunal, Leading counsel for Appellants in a claim for repayment of withheld input tax due to the alleged fraudulent evasion of VAT.

R v R & Others, Leading counsel for defence on charges of defrauding lending institutions.

R v C | First junior counsel for the defence in a three-handed SFO prosecution involving the international promotion of allegedly bogus investment schemes involving trades of transactions of Mexican government bonds.

R v C | counsel for defence on charges of possession of 400 allegedly false bearer bonds each with a value of £5 million purportedly issued by the Royal International Insurance Company.

TTI Ltd v Commissioners of HMRC (First Tier Tax Tribunal): appeal proceedings for return of VAT payments made by company alleged to be participant in MTIC fraud. (Instructed by SS, Smith & Williamson).

DEH v Commissioners of HMRC (First Tier Tax Tribunal): appeal proceedings for return of VAT payments made by company alleged to be participant in MTIC fraud. (Instructed by SS, Smith & Williamson).

CRIME

His career highlights include the notable cases of R v T, C, B & H – the first juryless criminal trial in 400 years; the House of Lords murder case R v A; R v P W, the trial of the Dutch lorry driver charged with the death of 58 illegal Chinese entrants at Dover docks; R v I, the trial of the ‘M25’ or ‘trophy’ rapist; and R v LLR, ZXQ & Others, the Morecambe Bay cockle-picking disaster.

R v TM | Central Criminal Court – Representing the alleged right-wing extremist terrorist murderer of Jo Cox MP. Guardian News Report. Second Guardian News Report.

R v EI & Others | Central Criminal Court – Defending in allegations of group violence, leading to charges of murder and manslaughter.

R v H | Central Criminal Court – Representing the murderer of a man accused of killing a delivery driver. Convicted many years ago of murder, but without the A-G’s consent having been obtained; retrial ordered after Court of Appeal ruled earlier proceedings were a nullity. R v G and H [2015] EWCA Crim 952

R v IS | St Albans Crown Court – Representing the alleged murderer of the authoress HB and her dog and her dog B. Guardian News Report. Second Guardian News Report.

R v Dr CE | Manchester Minshull Street Crown Court – Representing a doctor alleged to have killed one daughter and caused severe harm to another daughter because of his dangerous driving. The Sun News Report.

R v CC | Leicester Crown Court – Representing an alleged murderer of a drunken colleague.

R v ML | Lewes Crown Court – Representing an alleged murderer accused of killing his former girlfriend following his ‘stalking’ of her after their separation. BBC News Report.

R v K & Others | Liverpool Crown Court – Allegations of multi-handed murder by London defendants in City Centre.

R v P & Another | Lewes Crown Court – Murder by stabbing in a planned gang revenge attack.

R v M & Others | Oxford Crown Court – Multi-handed murder of a homeless man in City Centre.

R v Z & Others | Central Criminal Court – Leading counsel for defence of alleged ‘gang – murder’ and associated violence offences.

R v D & Others | Central Criminal Court – Leading counsel for defence of alleged ‘gang – murder’ and associated firearms offences.

R v S & Others | Hove Crown Court – Leading counsel for defence of alleged street murder.

R v R | Lewes Crown Court – Defending a nursing home assistant charged with the killing of an elderly resident by setting fire to the premises.

R v FD | Lewes Crown Court – Defending mother charged with the murder of her two children aged two and three years. [2012] EWCA Crim 3073

R v G & Others [2011] 2 Cr.App.R. 20 – Responding in Court of Appeal decision concerning the power of a Judge to continue the trial and to return verdicts following the discharge of the jury due to jury tampering.

R v T & Others (No. 2) [2011] 1 Cr.App.R. 29 – Responding to the appeal relating to the first criminal trial without a jury. (See below).

R v T, C, B & H [2010] | Central Criminal Court (sitting at RCJ) – Prosecuting the first criminal trial without a jury before Mr Justice Treacy. The four defendants accused of participation in the Heathrow robbery whose earlier trial with a jury was stopped because of jury tampering. Telegraph News Report.

R v M | Lewes Crown Court – Prosecution of a killer of transgender sex – worker in her own home.

R v HM | Central Criminal Court – Defending murder by a Vietnamese drug gang.

R v L & Others | Central Criminal Court – Leading Counsel for the defence of one of four youths charged with murder and manslaughter on Halloween night in Bromley.

R v O’S | Central Criminal Court – Conspiracy to inflict GBH with intent.

R v CW | Lewes Crown Court – The widely publicised case of the Sussex – a-based spiritualist minister who murdered his wife, the BAFTA award-winning make – up artist, Diane. BBC News Report.

R v S | Liverpool Crown Court – Defending a police officer charged with causing death by dangerous driving as a result of killing an oncoming motorist as the officer tested Vascar speed – trap equipment while driving at 104 mph on a B road.

SERIOUS SEXUAL OFFENCES

R v I | Woolwich Crown Court – Defending an alleged rapist accused of 5 counts of rape. Indictment stayed as an abuse of process.

R v W | Guildford Crown Court – Multiple counts of rapes and buggeries of deaf and without – speech female.

R v P | Maidstone Crown Court – Allegations of historic persistent sexual abuse and rapes of females. Regulatory & Disciplinary Proceedings

REGULATORY & DISCIPLINARY PROCEEDINGS

Simon is appointed by the Home Office as a Chairman of the Police Appeals Tribunal.

INQUIRIES

Formal Investigation into the collision between the Marchioness and the Bowbelle [HMSO 23.3.2001] (Counsel for TB, the “lookout” on the foredeck of the Bowbelle at the time of its fatal collision, in the formal investigation chaired by Lord Justice Clarke between Oct and Dec 2000)

Directory Recommendations

The Legal 500 goes on to say that he is “charming with clients and versatile” and an “excellent jury advocate”.

  • ‘A very stylish, well-rounded and experienced silk who has a very nice style with a jury.’ Chambers & Partners 2017 (Crime)
  • ‘An exceptional barrister’. Legal 500, 2016: Crime
  • ‘Frequently instructed in sensitive cases’. Legal 500, 2016: Fraud: Crime
  • ‘He is a fantastic advocate whom juries love’. Chambers & Partners 2016 (Crime)
  • ‘He is very well regarded and hugely admired by a variety of people’. Chambers & Partners 2016 (Financial Crime)
  • ‘He is very good with the clients, very good on paperwork and he has charisma’ Chambers and Partners 2015 Financial Crime
  • ‘Simon’s cross-examination stands out. He just has this lovely manner about him, and he is a very good tactician’ Chambers and Partners 2015 Crime
  • ‘A skilled advocate who commands respect in the courtroom.’ Legal 500 2014
  • “Immensely amiable, effective, intelligent and incisive” – few barristers enjoy a full commendation from the legal directories.

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