Jas Jandu

Regulatory & Professional Discipline

Financial Services & Solicitors

Jas has particular expertise in Financial Services Enforcement matters. Recent financial services sector instructions have included assisting on an offshore money laundering compliance matter, advising on EEA passporting issues/post-Brexit planning and assisting an IFA in defence of professional negligence claims. He is also currently on secondment at the FCA assisting on a complex POCA confiscation case.

Jas previously spent almost 8 years from 2009-2017 as a senior investigation/litigation lawyer and in-house counsel at the Financial Conduct Authority. During his time at the FCA, Jas worked on various regulatory cases, civil litigation and criminal investigations. He advised across the whole spectrum of the FCA’s remit from authorisations refusals to retail/wholesale matters.

His work at the FCA included presenting cases to the Regulatory Decisions Committee and defending the FCA in the Upper Tribunal, with a particular focus on enforcement claims for lack of integrity. He also advised on several highly confidential money laundering cases.

Jas has also investigated and brought High Court proceedings for breaches of the ‘general prohibition’ and ‘false and misleading statements’ made by unauthorised businesses. He has developed specific expertise in investigations into Solicitors (complemented by over ten years’ experience of practising as a Solicitor himself).

Prior to joining the FCA, and during his time as a Solicitor at a leading law firm, Jas also advised innocent investors caught up in multi-million pound unauthorised investment schemes (including schemes being prosecuted at the time by the then Financial Services Authority).

Recent Cases

• R v Gopee (2019): advising and assisting the FCA (on secondment) in complex POCA restraint/confiscation proceedings arising from the Defendant’s conviction for operating an illegal/unauthorised money lending business.
• Advising an incoming EEA e-money firm (2018) on payment services passporting issues, post-Brexit planning and UK FCA authorisation requirements.
• Offshore Financial Services AML/CFT Compliance (2018): assisting on a confidential, complex and high-value offshore financial services Anti-Money Laundering & Counter-Terrorism Financing compliance review. Reporting on compliance and record-keeping effectiveness across a wide range of client files and assisting on a review of Corporate Governance issues.
• Advising an Independent Financial Advisor (2018) on the pre-action defence of potential professional negligence claims over pensions investment advice.

Whilst at the FCA, Jas acted on numerous cases for the regulator including:

• FCA v Capital Alternatives & Others [2018]: Jas had day-to-day conduct of this complex litigation culminating in a successful Trial in Summer 2017 following which the High Court ordered £16.9m to be paid back to investors. His work on this case involved applying for and policing several injunctions/undertakings as well as dealing with international law issues and numerous litigants in person/represented parties, including a Solicitor Defendant. Jas led successful pre-trial settlement negotiations with two of the 16 Defendants.
• FCA v Capital Alternatives & Others [2015] EWCA Civ 284: Jas was also the lead litigator for the FCA in the Preliminary Trial and Appeal of the above case in which the Court of Appeal confirmed that certain carbon credits and land investment schemes were unauthorised Collective Investment Schemes under ss.19/235 of FSMA 2000.
• FCA v Avacade Ltd & Others (2017): pre-action advice in a complex High Court claim for alleged s.397/s.89 misleading statements and alleged breaches of s.19 and s.21 (unauthorised business & financial promotions) in relation to self-invested personal pensions (SIPPs) and alternative investments.
• FCA ban of Messrs Kelly & Gray (2016): for lack of integrity concerning pension advice.
• FCA investigation of Solicitor Mr Walker: sentenced in 2015 to 5.5 years alongside seven others for his role in a fraudulent £4m+ unauthorised Collective Investment Scheme.
• Upper Tribunal ruling re. Mr Allen (2015): full prohibition for lack of fitness and propriety for tendering false and misleading evidence in Court.
• £0.5m FCA fine of Reckitt Benckiser (2015): for listing rule failures.
• £2.8m FCA fine of Policy Administration Services Ltd (2013): for poor complaints handling re. insurance policies sold by Phones 4u Ltd.
• FCA Decision to issue SIF Prohibition to Mr Rosier (2013): for regulatory failings.
• £175K FSA fine of Nestor Healthcare Group (2013): for ‘clearance to deal’ failings.
• £113K FSA fine of Co-op Bank plc (2013): for failure to handle PPI complaints fairly.
• Initial FSA investigation relating to R v Meeson & Ors (2013) (HMRC prosecution of £5m pension tax fraud).
• Advising the FCA on highly confidential cases of potential Market Abuse.
• Voluntary & Own Initiative Requirements/Variations of Permission.
• Early Interventions: including sensitive Money Laundering matters.
• Various Authorisations Refusals (e.g. Ms Bhandari).
• FCA Supervisory Notices.

Direct Public Access

Jas is qualified for Direct Public Access work and, in suitable cases, can accept instructions directly from the public (individuals or businesses) for legal advice, representation in Court and the conduct of litigation.

Financial Crime

Jas has expertise in Financial Crime & Fraud and is currently on secondment at the FCA assisting on a complex POCA confiscation case.

Prior to joining Chambers, he spent almost 8 years from 2009-2017 as a senior investigation/litigation lawyer and in-house counsel at the FCA, where he assisted on a number of Civil and Criminal fraud/misleading statements cases.

Crime

Jas accepts instructions in general Crime both for the Crown Prosecution Service and for the Defence.

Since joining Chambers he has appeared in the Crown & Magistrates Courts on mentions, bail applications, sentencing and other hearings in relation to various offences and matters, including:

• Assault / ABH / GBH
• Drugs Offences
• Dangerous Driving
• Firearms Offences
• Fraud Offences
• Harassment, Alarm & Distress
• Money Laundering
• POCA Confiscations
• Private Prosecutions
• Racial / Religious Aggravation
• Restraining Order Breaches
• Robbery / Burglary
• Sexual Offences
• Tax / Customs Evasion
• Trafficking / Exploitation

Jas has undertaken the intensive Criminal Trial Advanced Advocacy course at Keble College, Oxford (run by the South East Circuit) and the required advocacy training for Vulnerable Witnesses in Criminal Cases.

Direct Public Access

Jas is qualified for Direct Public Access work and, in suitable cases, can accept instructions directly from the public (individuals or businesses) for legal advice, representation in Court and the conduct of litigation.

Commercial

Jas has experience of advising on complex High Court cases with an international element, representing clients on County Court matters and in Alternative Dispute Resolution or Mediation. He is therefore well-placed to assist on business/commercial advisory issues and disputes.

Recent Cases

Recent instructions since joining Chambers have included:

• High Court (2019): advising and assisting the FCA on claims brought in the Business & Property Courts (while on secondment at the FCA).
• Successfully defending a Director (2019) and his Construction Company (both victims of ‘identity fraud’) in a contractual loan guarantee claim brought against him inappropriately by a Business Loan Finance Company.
• Advising an International Global Technology Company (2018) on potential legal risks of a commercial relationship with a high profile third party.

Jas previously advised on High Court litigation both as In-House Counsel at the FCA and as a Commercial Litigation Solicitor at several top-flight law firms. He has acted on a wide range of matters, including:

Financial Services

• FCA v Capital Alternatives & Others [2018]: Jas had day-to-day conduct of this complex litigation from 2012-17 whilst working at the FCA. The case culminated in a successful Trial in Summer 2017 following which the High Court ordered £16.9m to be paid back to investors. His work on this case involved applying for and policing several freezing injunctions/undertakings as well as dealing with international law issues and numerous litigants in person/represented parties, including a Solicitor Defendant. Jas led successful pre-trial settlement negotiations with two of the 16 Defendants following a Preliminary Trial and a successfully defended appeal to the Court of Appeal on which he also advised.

Media/Events

• Ram Media Ltd v Greek MoC [2008] EWHC 1835 (QB): claim against the Greek Ministry of Culture regarding a TV show and media contract claim arising from the cancellation of the 2006 FIFPro international footballer awards. The case resulted in a €2.7m judgment and third party debt order against the Ministry Of Culture.

International Arbitration

• Synthetic-Gas Plant Dispute: concerning a facility in China. Acting for contractor in a Singapore International Arbitration Centre case and gathering evidence in Holland under the International Bar Association Rules.

International Trade

• Claims concerning time-bar clauses, liability exclusions, inspection clauses & potential recovery from insurers and other third parties.

International Construction

• Wembley National Stadium: adjudication claims brought by the Football Association against Multiplex arising from delays to the £750m+ stadium.

Intellectual Property

• Defending claim against a garden furniture manufacturer for alleged un/registered design right infringements, resolved through mediation.

Public-Private Sector

• DeVilbiss Medequip v NHS PASA & Ors [2005] EWHC 1757 (ChD): claim challenging Home-Oxygen tender process run by NHS procurement agency.
• Advising on multi-million pound claims for Public Authorities in disputes with, e.g., Private Finance Initiative Contractors.

Direct Public Access

Jas is qualified for Direct Public Access work and, in suitable cases, can accept instructions directly from the public (individuals or businesses) for legal advice, representation in Court and the conduct of litigation.

Offshore & International

As a former City Litigation Solicitor & FCA In-House Counsel, Jas has 14 years’ experience of advising and acting for UK/international corporates, individuals or public bodies on matters of English law and complex High Court litigation with an international element.

International Financial Services Cases – Regulatory, Civil & Criminal

Recent instructions have included:

• Advising an incoming EEA e-money firm (2018) on payment services passporting issues, post-Brexit planning and UK FCA authorisation requirements.
• Offshore Financial Services AML/CFT Compliance (2018): assisting on a confidential, complex and high-value offshore financial services Anti-Money Laundering & Counter-Terrorism Financing compliance review. Reporting on compliance and record-keeping effectiveness across a wide range of client files and assisting on a review of Corporate Governance issues.

Jas spent almost 8 years from 2009-2017 as a senior investigation/litigation lawyer and in-house counsel at the Financial Conduct Authority. During his time at the FCA, Jas worked on various regulatory cases, civil litigation and criminal investigations with international issues including:

• International Enforcement & Financial Crime: dealing with issues relating to investments, assets and persons overseas, including liaising with international law enforcement agencies and lawyers based abroad (for instance in the US, Australia, Mauritius and the Seychelles).
• FCA v Capital Alternatives & Others [2018]: Jas had day-to-day conduct of this complex litigation culminating in a successful Trial in Summer 2017 following which the High Court ordered £16.9m to be paid back to investors. The case involved applying for and policing several injunctions/undertakings over assets in the UK and abroad as well as dealing with related international law issues.
• FCA v Capital Alternatives & Others [2015] EWCA Civ 284: Jas was also the lead litigator for the FCA in the Preliminary Trial following which the Court of Appeal confirmed that various South American, African and Australian carbon credits and an African land investment scheme were unauthorised Collective Investment Schemes under ss.19/235 of FSMA 2000.
• FCA ban of Messrs Kelly & Gray (2016): for lack of integrity concerning pension advice (which involved consideration of related international issues).
• Early Interventions, Voluntary & Own Initiative Requirements/Variations of Permission: including advising on sensitive, confidential Money Laundering matters where EU/EEA passporting rights were particularly relevant.

International Commercial Litigation

Jas previously worked as a Commercial Litigation Solicitor at several top-flight, international law firms where he advised on a wide range of Commercial Litigation matters with an international element, including:

• International Media/Events – Ram Media Ltd v Greek MoC [2008] EWHC 1835 (QB): claim against the Greek Ministry of Culture regarding a TV show and media contract claim arising from the cancellation of the 2006 FIFPro international footballer awards. The case resulted in a €2.7m judgment and third party debt order against the Greek Ministry Of Culture.
• International Arbitration – Synthetic-Gas Plant Dispute: acting for a contractor in a Singapore International Arbitration Centre case concerning a facility in China. Work on this matter included gathering evidence in Holland under the International Bar Association Rules.
• International Construction – Wembley National Stadium: adjudication claims brought by the Football Association against Australian contractor Multiplex, arising from delays to the £750m+ stadium.
• International Trade: advising on claims concerning time-bar clauses, liability exclusions, inspection clauses & potential recovery from insurers and other third parties.

Direct Public Access

Jas is qualified for Direct Public Access work and, in suitable cases, can accept instructions directly from the public (individuals or businesses) for legal advice, representation in Court and the conduct of litigation.

Public Law

Jas is able to advise on Public Law issues (including Judicial Review matters) which may arise in connection with his other practice areas. He has experience of advising both Claimants and Defendants in cases involving public authorities.

Recent Cases

Recent instructions since joining Chambers have included:

• Judicial Review (2019): advising and assisting the FCA on Judicial Review matters commenced in the High Court (while on secondment at the FCA).

He previously worked as in-house counsel in the Enforcement Division of the Financial Conduct Authority from 2009 to 2017 where his day-to-day work included advising on Public Law issues such as use of statutory powers (e.g. in the conduct of investigations/proceedings) in numerous matters, including:

• FCA v Capital Alternatives & 15 Ors [2015] EWCA Civ 284 (unathorised CISs)
• FCA ban of Mr Kelly & Mr Gray for lack of integrity (2016)
• Upper Tribunal full prohibition of Mr Allen for lack of fitness and propriety (2015)
• £0.5m FCA fine of Reckitt Benckiser for listing rule failures (2015)
• FCA Decision to issue a SIF Prohibition to Mr Rosier (Bayliss & Co) (2013)
• £175K FSA fine of Nestor Healthcare Group for ‘clearance to deal’ failings (2013)
• £113K FSA fine of Co-op Bank plc for failing to handle PPI complaints fairly (2013)
• Assisting the CPS/HMRC in prosecuting a £multi-million tax fraud
• Voluntary & Own Initiative Requirements/Variations of Permission.
• Early Interventions: including sensitive Money Laundering matters.
• Various Authorisations Refusals (e.g. Ms Bhandari).
• FCA Supervisory Notices.

Prior to joining the Financial Conduct Authority in 2009, Jas worked at several law firms where he also advised/assisted on a wide range of matters including Public-Private Sector disputes such as:

• DeVilbiss Medequip v NHS PASA & Ors [2005] EWHC 1757 (ChD): claim challenging Home-Oxygen tender process run by NHS procurement agency.
• Advising on other £multi-million claims for Public Authorities against (PFI) Contractors.

As a Trainee Solicitor at a Magic Circle law firm, Jas was seconded to Liberty (National Council for Civil Liberties) where he assisted on various Human Rights matters including:

• R (Stanley, Marshall & Kelly) v Met. Police Comm. & Anr [2004] EWHC 2229 (Admin) (Judicial Review of ASBO publicity and alleged breach of privacy).
• Claims before the Social Security Commissioners (discrimination in childcare tax credits).
• Investigatory Powers Tribunal proceedings (concerning files held by Security Services).

Direct Public Access

Jas is qualified for Direct Public Access work and, in suitable cases, can accept instructions directly from the public (individuals or businesses) for legal advice, representation in Court and the conduct of litigation.