Barry Smith | Barrister
Year of Call 2010
Fraud, Regulatory, General Crime Barrister
Barry is a new breed of barrister who is authorised and qualified to handle all aspects of criminal litigation. He combines intelligent advocacy skills honed in the criminal courts with meticulous case preparation to put him in the best position to advise his clients.
Barry is a specialist fraud practitioner with particular experience of banking fraud, publishing fraud and identity document fraud. He has been instructed on cases involving unusual cross-jurisdiction issues and is regularly instructed on complex confiscation and other proceeds of crime matters, including appeals and variations when not instructed at first instance.
Barry is regularly instructed to defend white collar professionals before criminal, employment and regulatory tribunals. He sits as a clerk to the Council of Inns of Court Disciplinary Tribunals (Barristers) and his clients include the police and solicitors. Barry has advised and defended in proceedings brought by the Health Care Professions Council, the Care Quality Commission, Trading Standards, the BPI (music industry) and the Solicitors Regulation Authority.
Fraud & White Collar Crime
- R. v Marcou (2015, Southwark Crown Court) – principal litigator and led junior counsel; successful defence of former Company Director accused of £9m factoring fraud. Included review and analysis of extensive company email traffic and audit documentation to demonstrate that a major bank appeared to be complicit in the fraud
- R. v Leahair (2015, Liverpool Crown Court) – led junior; defence of £5m publishing fraud (5-year investigation involving 1tb of data). Included review and analysis of company email server and database to undermine complainant evidence, and analysis of company accounts to demonstrate lack of financial benefit
- R. v O’Hanlon (2013, Worcester Crown Court) – led junior; successful defence of solicitor accused of perverting the course of justice
- R. v Symon (2012, Preston Crown Court) – led junior; successful defence of ex-Matrix police officer accused of perverting the course of justice
Proceeds of Crime Act 2002
- Regularly instructed when not trial counsel to defend applications made under the Proceeds of Crime Act 2002, as both sole and led junior, including post-confiscation enforcement and variation, and on appeal
- Defence of professional disciplinary proceedings before the Solicitors Disciplinary Tribunal
- Defence of criminal prosecutions brought by the following authorities: Birmingham City Council (under the Consumer Credit Act 1974); Trading Standards; Care Quality Commission; Health Care Professions Council; private prosecution – BPI (music piracy)
- R. v Omarsdottir (2016, Liverpool Crown Court) – sole junior, multi-handed drugs allegations concerning 7kg heroin and the laundering of over million euros
- R. v Hodgkinson (2016, Southwark Crown Court) – sole junior, allegation of burglary/blackmail committed in the context of a cross-border business dispute
- R. v Dunkley (2014, Kingston Crown Court) – s.18 OAPA; allegation that the defendant caused severe facial burns to his ex-partner by setting her alight whist she was sniffing gas
- R. v Price  EWCA Crim 1283 – successful appeal against sentence concerning the effect of section 70 Legal Aid, Sentencing, and Punishment of Offenders Act 2012 on the CJA 2003 JUDICIAL REVIEW
- R. (Shea) v Winchester Crown Court  EWHC 1050 (Admin) – review of witness statements and drafting pleadings; case concerned the interpretation of the Bail Act 1976
- Representation before the Prison Adjudicator
- Representation before the Parole Board, including IPP prisoners”