Andrew Bird KC > Chambers of David Josse KC > London, England > Barrister Profile

Andrew Bird KC

+44 (0) 207 332 5400 andrewbird@5sah.co.uk View profile

Work Department

Andrew Bird KC is a specialist in white-collar crime, civil and criminal asset forfeiture, and civil and public law proceedings which overlap with the criminal process.

Position

Andrew Bird KC took silk in March 2021. Andrew Bird KC is a specialist in white-collar crime, civil and criminal asset forfeiture, and civil and public law proceedings which overlap with the criminal process. Having prosecuted cases for the state at the highest level he now has a thriving practice in private prosecution cases, particularly those involving allegations of fraud. He has acted for both the private prosecutor and the defence.  He was first junior to David Perry KC in D Limited v A [2017] EWCA Crim 1172, where the Court of Appeal overturned a Judge’s terminating ruling and gave guidance in relation to a number of issues including motive and conduct in private prosecutions. In early 2019, led by Jonathan Laidlaw KC he represented a defendant to a private prosecution for fraud and successfully argued for the dismissal of all charges. He is presently involved in a Judicial Review of the decision of a Magistrates’ Court legal advisor refusing to issue a summons to a private prosecutor. In between, he continues his practice in cases involving criminal investigations, and public law challenges to the criminal and investigative processes, and gives advice in substantial cases to both sides of the criminal divide.

‘Andrew combines an excellent legal brain with a very practical approach to litigation.’

The Legal 500 2022.

“Andrew is incredibly user-friendly and has an encyclopedic knowledge of his practice areas.”

Andrew is ranked in Chambers and Partners in the fields of POCA and Asset Forfeiture, Financial Crime and Private Prosecutions – Financial Crime. He is ranked in The Legal 500 in the field of POCA and Asset Forfeiture and is also ranked in the field of Fraud – Crime. He is also recognised in Who’s Who Legal at the UK Bar in the field of Asset Recovery, Civil Fraud and Criminal Fraud.

Chambers & Partners 2021.

As a junior, Andrew is ranked in 2020 as a star Individual in Chambers and Partners in the fields of POCA work and Asset Forfeiture and also ranked in Financial Crime and Private Prosecutions – Financial Crime. He is ranked in the Legal 500 as a Tier 1 leading individual in the field of POCA and asset forfeiture. He is also recognised in Who’s Who Legal at the UK Bar in the field of asset recovery and civil fraud.

 “Has a very good eye for detail and particularly enjoys researching tricky legal issues. He always instils confidence in us and the courts that he knows his subject inside out.”

“Andrew Bird is a veritable genius in POCA. Academic judges respect his detailed and persuasive skeleton arguments.”

In 2012, he was appointed to the Attorney General’s ‘A’ list panel for government work and acts in cases of the highest complexity, and particularly those where the civil and criminal jurisdictions overlap. He was a Grade 4 CPS prosecutor, and has been standing counsel to RCPO and the DWP and was on the SFO A Panel for 5 years, involved in two of its biggest investigations.

Chambers and Partners 2020.

In 2012, he was appointed to the Attorney General’s ‘A’ list panel for government work and acts in cases of the highest complexity, and particularly those where the civil and criminal jurisdictions overlap. He was a Grade 4 CPS prosecutor, and has been standing counsel to RCPO and the DWP and was on the SFO A Panel for 5 years, involved in two of its biggest investigations.

 ‘He combines hands-on expertise with detailed legal knowledge to provide insightful advice.’

The Legal 500 2021.

‘Excellent at proceeds of crime because of his knowledge of the area.’

The Legal 500 2019.

“Very knowledgeable, commercial and practical.” “When we go to him, we know we have a fount of knowledge we can draw upon.”

• Andrew accepts direct public access instructions in suitable cases.

Career

• Called to the Bar in in 1987.
• In 2000 Andrew was appointed as an examiner of the High Court.
• Andrew is a contributing Editor to leading encyclopaedia Smith, Owen and Bodnar on Asset Recovery (OUP, 2008-2020).
• Standing Counsel to the RCPO: 2005.
• Standing Counsel to the DWP: 2008.
• SFO A Panel 2012-2017.
• Attorney-General’s “A” List civil panel for treasury and other government work, 2012 – 2021.
• Level 4 CPS Prosecutor: 2012.
• Level 4 Specialist CPS Prosecutor for Fraud, POCA and Serious Crime.

Asset Recovery, Civil Fraud & Confiscation

For many years Andrew has been a specialist in criminal confiscation, including restraint, receivership and other enforcement. Most recently he has conducted the confiscation and enforcement proceedings (and resisting a third party claimant appeal) for two FCA investigations involving multiple-victim fraud. He acted for the City of London Police in the ground-breaking cash seizure case of R (Merida Oil) v Central Criminal Court [2017] 1 WLR 3680. He is presently instructed in relation to restraint and confiscation aspects of a major investigation and prosecution by the Serious Fraud Office. He is regularly instructed by the NCA and Police Forces nationwide in asset recovery matters. He has conducted two multimillion Account Freezing Order and Forfeiture cases for the NCA.

 ‘ Extremely intelligent, with extensive expertise in POCA matters. ’

Legal 500 2020.

Andrew as a junior was listed in Chambers and Partners as a ‘star individual’ in Proceeds of Crime and Asset Forfeiture work and Tier 1 in the Legal 500 for his work in POCA and Asset Forfeiture.

“He is a leading expert on challenges to search warrants and the variation of bail conditions.”

CHAMBERS AND PARTNERS 2018

“A true expert” in the proceeds of crime field, who has extensive experience of heavyweight asset forfeiture, recovery and confiscation cases. 

CHAMBERS AND PARTNERS 2016

“He understands and has experience of asset recovery from both the proceeds of crime angle and the commercial fraud angle. He is very bright and has a really good tactical sense of how to get where we need to go.”

CHAMBERS AND PARTNERS 2015

Andrew also has specialist expertise in cases involving:

• Civil Recovery.
• Cash Forfeiture, Account Freezing Orders and Listed Asset Recovery Proceedings.
• Condemnation and other forfeitures and deprivation cases, and applications for the return of detained property.
• The obtaining of and challenge to investigative orders under Part 8 of the Proceeds of Crime Act 2002, including Disclosure Orders, Search and Seizure Warrants and Unexplained Wealth Orders.
• Cases that broach the traditional divide between civil and criminal, including committal proceedings, freezing orders and observance of POCA obligations.

Business Crime & Financial Regulation

Andrew is often instructed in financial and business crime cases.  He was instructed by the Serious Fraud Office in the Rolls-Royce investigation which led to a Deferred Prosecution Agreement.  He was also, until 2019, instructed in another major SFO investigation involving allegations of international corruption.  He regularly acts for the FCA on the asset recovery aspects of multiple-victim frauds. He also acts for victims and other third parties who want to intervene in confiscation proceedings.

“Andrew is regarded as an expert in his field, he specialises in asset forfeiture, confiscation and fraud. He is considered an authority in the area.”

Chambers and Partners 2023 – Financial Crime.

He was first junior for the private prosecution in the terminating ruling appeal and subsequent trial in D Limited v A [2017] EWCA Crim 1172, and as first junior for a Defendant who successfully applied for the dismissal of a £22 million private prosecution for conspiracy to defraud. He is presently instructed in two further private prosecutions, one for the prosecution and one for the defendant.

Other work includes two ground-breaking prosecutions for land-banking fraud, including confiscation and compensation for victims, the prosecution of an online bank for fraudulent trading, prosecutions for laundering the proceeds of MTIC and other frauds, and prosecutions for VAT and excise fraud.

His experience in business crime has led to his instruction in cases in the Commercial Court: representing the SFO as intervener in Libyan Investment Authority v Societe Generale, and acting for a respondent to committal proceedings in Evison v Finvision Holdings LLC [2020] EWHC 239 (Comm).  He is presently acting for HMRC in a case involving a dispute over the imposition of a compound penalty for offences involving the export of military hardware.

During the lockdown he acted for a defendant charged with a £2 million banking fraud in a trial at a Nightingale Court.  He is presently instructed for the defence in a case alleging Class A drug supply and money-laundering, with a trial listed for 2022.

Having led for the prosecution in business crime cases for some 20 years he is well placed to advise suspects how to manage their responses to an investigation, and (if that fails and they are charged) how to deal with the complexities of a modern trial.

“He gets really stuck into the details of a case and he is very collaborative to work with. He takes a lot of stress off the solicitors.” “An incredibly knowledgeable, very clever and experienced criminal barrister. He is an incredibly effective junior – proactive and hard-working.”

Chambers & Partners 2021.

“An extremely fine lawyer, who’s very practical and well regarded by the judges as someone they trust. He is straightforward and to the point in his advocacy.” “A fount of all knowledge on criminal matters and very effective on his feet.”

Chambers and Partners 2020.

Criminal Prosecutions – Private & Public

Andrew was one of only seven juniors ranked in the new practice area listed in Chambers & Partners in Financial Crime – Private Prosecutions. Andrew tends to practise in a fairly specialist field, built up from his experience as Standing Counsel to RCPO, and his continuing instruction by City of London Police, HMRC and the NCA at the investigative stage.  These cases tend to be in areas such as excise and VAT fraud, investment fraud, money-laundering, drug trafficking, medicines, and wildlife crime.

Judicial Review & Public Law

Andrew accepts judicial review and public law instructions.  He has been involved in many of the high profile challenges to investigative orders and warrants, including the Faisaltex litigation, Chatwani litigation and R (Newcastle United) v HMRC [2017] 4 WLR 187 and the Judicial Review challenge to the use of a European Investigation Order to obtain data from Encrochat communications: R (C) v DPP [2020] 4 WLR 158.

Professional Discipline & Regulatory

Andrew is well versed in regulatory law and often advises and appears in cases involving trading standards, food safety, environmental health and illegal money-lending.

Andrew has a wealth of experience in health and safety cases, and some of his experience in this area is listed below:

Health & Safety

• Fatal accidents, including three cases involving deaths in public swimming pools.
• Defence of London Borough for injury to specialist sub-contractor.
• Prosecution for fatal accident in course of mass participation triathlon.
• Prosecution of manager of shopping and leisure centre for incident involving fall of child visitor while playing on escalator.
• Prosecution of major supermarket for fatal accident involving workplace transport issues.

Inquests & Inquiries

Andrew accepts instructions in relation to Public Inquiries and Inquests.

Memberships

• Criminal Bar Association.
• Fraud Lawyers’ Association.
• Proceeds of Crime Lawyers’ Association.
• South-Eastern Circuit.

Education

• MA, Trinity Hall, University of Cambridge.
• Inns of Court School of Law.