Barrister Alan Newman

Alan Newman

Year of call: 1968  Silk: 1989

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“An exceptionally fine lawyer, who is incredibly bright and very much in command of a case.”

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Overview


Alan has a wide and varied practice. His areas of expertise include judicial review, extradition and commercial law. He has also appeared in the Caribbean Courts and in Bermuda in high profile constitutional cases.

Alan has been instructed in Privy Council work from a variety of Caribbean jurisdictions and also Mauritius, Singapore and Bermuda in respect of both constitutional and commercial issues.

Alan has for many years also been involved in white collar and serious crime cases.

Commercial Crime Offshore & International Public Law Regulatory & Professional Discipline

Commercial


Alan has been briefed in a number of significant arbitrations, each involving claims of over $100 million.

Alan has also been involved in a number of cases before the House of Lords/Supreme Court involving issues of a commercial nature.

Commercial Cases


  • Harrison v Tew [2002] 2 AC 523 (HL): Taxation of solicitor’s costs. Limits upon court’s inherent jurisdiction.
  • R v Dimsey and Allen [2001] UKHL 46, [2002] 1 AC 509: Corporation Tax. Effect of deeming provisions in Income and Corporation Taxes Act 1988.
  • Petrotrin v WGTL: International Arbitration re Gas-to-Liquid project involving the Trinidad state-owned Petroleum company.
  • NHIC v NIPDEC: International Arbitration concerning the building of a hospital in Tobago.

Crime


For, many years Alan has been briefed in serious crime cases involving fraud, money laundering and confiscation. A small selection of his many cases is set out herein.

Crime Cases


  • R v Gerald Smith: SFO prosecution – Commercial fraud case running into hundreds of millions of pounds.
  • R v Stephen Sampson: VHCC seven month trial – Landfill Tax Regulations. Conspiracy to steal. False accounting.
  • R v Marios Nicolaides: VHCC six month trial – SFO prosecution. Conspiracy to contravene S47 Financial Services Act.
  • R v Sivanandaraja: Cheating Inland Revenue, multi-million PAYE fraud.
  • R v Allen [2001] STC 1537: Cheating the Inland Revenue – Very large scale Corporation Tax fraud.
  • Re Piper [1999] 4 All ER 473: Receiver’s powers under Restraint orders.
  • R v Hening: MTIC fraud – Extensive confiscation proceedings.

Offshore & International


Alan has for many years been briefed in cases in foreign courts. He has also appeared in the Privy Council on many occasions from a wide variety of jurisdictions, including Trinidad, Jamaica, Antigua, Bermuda, Mauritius and Singapore. His cases have included judicial review, constitutional law, extradition and commercial law.

Alan has also been involved in International War Crimes and Genocide cases at ICTY (International Criminal Tribunal for the former Yugoslavia).

Offshore & International Cases


  • R v Horseferry Road Magistrates’ Court ex p. Bennett [1994] 1 AC 42 (HL): Circumvention of proper extradition procedure into UK.
  • Commissioner of Police v Benjamin [2014] UKPC 8 (Privy Council – Antigua): Leader of opposition. DPP mala fides in bringing forgery charges.
  • Panday v Att General (Privy Council – Trinidad & Tobago) Ex-Prime Minister: Constitutional effect of repeal of Integrity in Public Life Act 1987.
  • Att General v Henchall (Privy Council – Turks and Caicos) Ex-Minister: Legal Aid entitlement in respect of corruption charges.
  • Matadeen v Pointu [1998] UKPC 9; [1999] 1 AC 98 (Privy Council – Mauritius): Equality before the law.
  • Burgess v Stevedoring Services Limited [2002] UKPC 39, [2002] 1 WLR 2838 (Privy Council – Bermuda): Validity of injunction against officers and members of Union.

Public Law


Alan has been involved in numerous cases, both domestic and international, involving public law and human rights issues. A large number of those cases have involved appearances in foreign jurisdictions and before the Privy Council. A small selection of those cases is listed in Alan’s entry under “Offshore & International”. A few purely domestic cases are listed hereunder.

Public Law Cases


  • A v Hoare [2008] UKHL 6, [2008] 1 AC 844: Whether rape victim was debarred from suing by provisions of Limitation Act 1980.
  • Darker v Chief Constable of West Midlands Police [2001] 1 AC 435 (HL): Extent of police immunity from civil suit as regards misfeasance in public office.
  • Pickering v Liverpool Daily Post & Echo Newspapers [1991] 2 AC 370 (HL):Contempt of Court – Mental Health Review Tribunal.
  • Electoral Commission v UKIP [2009] EWCA Civ 1078, [2009] QB 298: Forfeiture of donations – Donor not a permissible donor.
  • R (KeyCabs) v Plymouth Crown Court: Regulatory Regime for applying for taxi licences. Whether actual carriage had to be identified before licence was granted.

Regulatory & Professional Discipline


Alan has represented a number of solicitors over the years at disciplinary hearings, including one which gave rise to the longest solicitor’s disciplinary hearing on record.

Regulatory & Professional Discipline Cases


  • Dooley v Law Society [2003] All ER (D) 285: Corruption and false accounting charges. Longest solicitor’s disciplinary hearing on record.

How to get in touch


For more information please contact our clerks by calling +44 (0) 20 7242 3555 or email: clerks@7br.co.uk.

Judicial Appointments


  • Recorder in 1986
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