Practice Profile
A specialist practice encompassing fraud, regulatory and associated civil matters.
Christian’s fraud practice focuses on revenue and public sector fraud, with associated areas of confiscation and asset recovery law, both criminal and civil; he also handles complex and heavy related offending such as misconduct in public office.
His regulatory practice focuses on criminal and civil aspects of environmental regulation, but also involves planning, health and safety, and other areas of regulatory enforcement, together with trading standards and related matters. He accepts instructions across the spectrum of connected civil and regulatory enforcement cases, with a particular interest in environmental law. Elected a trustee and National Council member of the UK Environmental Law Association in 2017, he co-convenes its Wales Devolved Administration Group and is a member of its Waste Working Party. He is appointed to the List of Special Regulatory Advocates in Health and Safety and Environmental Law (A List).
With an excellent multi-disciplinary background, he has a particular interest in confiscation and asset recovery, and its interaction with his areas of practice and areas of property and chancery law, including competing rights under other legislation, such as co-ownership, insolvency and matrimonial finance.
His overall practice is best represented by R v Morgan [2013] EWCA Crim. 1307, [2014] 1 All E.R. 1208, [2014] Env.L.R. 5, [2013] Lloyd's Rep FC 655. THis appeal arising from an environmental prosecution concerned the interface between criminal confiscation, environmental regulation, landfill tax and the effect of Article 1, Protocol 1 to the ECHR. He regularly appears before the criminal courts, the County Court, High Court, and related Tribunals. He also writes, blogs and lectures on the interface between criminal confiscation and other areas of law, and is regularly recommended in the Legal 500 and Chambers UK.
Testimonials
Appointments & Memberships
• UK Environmental Law Association (UKELA) - co-convenor of the sub-committee of UKELA Wales Working Party and Trustee (Member of National Council)
• Proceeds of Crime Lawyers Association
• Revenue Bar Association
• Criminal Bar Association
• Chartered Institute of Arbitrators (FCIArb)
Notable Cases
Significant reported cases include:
R v Morgan [2013] EWCA Crim. 1307, [2013] Lloyd’s Rep FC 655, [2014] 1 All E.R. 1208, [2014] Env.L.R. 5
Resisting appeal against confiscation order made in respect of various waste offences
CCC v H [2010] EWHC 1958 (Admin)
Appeal by case stated concerning the Planning (listed Buildings and Conservation Areas) Act 19909
Current ongoing heavy caseload of fraud and regulatory matters including
- Representing public body in appeal against improvement notice issued in relation to Covid-19 compliance
- Prosecuting several large-scale cases of multiple offending concerning environmental health regulation
- Representation of property management company in appeal against fire safety enforcement notices at large high-profile residential development
Recently concluded cases include:
R v EM (Merthyr Tydfil Crown Court; 2018-2019)
Prosecution of breach of planning enforcement notices trial, which involved novel issues of statutory construction and received coverage in the national media
R v SC (Swansea Crown Court; 2016-2020)
Prosecution of fraudulent trading and insolvency offences at trial and confiscation, concerning the fraudulent procuring of pension transfers
Cryptocurrency seizure under the Proceeds of Crime Act 2002
Advising on complex public/private sector procurement misconduct in public office
Other significant cases include numerous cases concerning waste regulation, general regulatory cases and surrounding areas of criminal and civil law.
Publications
• Equitable accounting and bankruptcy [2017] Fam. Law. 652
• The illegality defence, trusts of land and the family lawyer: Patel v Mirza [2016] Fam. Law. 1208
• Confiscation Orders and Waste Depositing Offences e-law: the Journal of the UK Environmental Law Association, Vol. 90 Sep/Oct-15
• The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Family Law Week (2011), co-authored with Rhys Taylor
• various blogs on Jordans ‘Family Law’ as to civil law and its relationship with other areas of law
Judicial Appointments
- Recorder (2019)
- Deputy District Judge (Civil) (2010)