Philip Hackett Q.C. specialises in financial regulation, civil and criminal fraud, international corruption and sanctions, health and safety, environment and consumer law. Over the past 25 years he has been instructed in many of the leading financial regulation cases including the most serious matters investigated by the FCA and SFO and other regulatory bodies. This practice has given him considerable experience in banking, accountancy, taxation and market compliance matters. His clients are typically multinational corporations, CEOs, finance directors and other senior officers. He advises on compliance obligations and practice, and at all stages in of investigations into potential breaches.
The leading cases he has appeared in include three BCCI trials, Arrows, Maxwell, Gooda Walker, Wickes, Merrion Re Insurance, AIT, TransTec, ‘City Slickers’, Kent Pharmaceuticals, Bae Systems, Parliamentary expenses, V Mobile, Vantis, Torex, Asil Nadir, Oil for Food, Innospec, Celtic Mining, LIBOR and FOREX.
The international aspects of his practice have resulted in experience of offshore matters in connection with BVI, the Channel Islands, Bermuda and Isle of Man and many European jurisdictions as well as US, Caribbean and Africa. Many of his cases involve multi-jurisdictional investigations. He is the author of the Chapter on the UK Bribery Act in Sweet and Maxwell’s recently published book ‘International Corruption’.
For many years he has been selected as a leading silk by legal directories, including the Legal 500 and Chambers Directory, describing him as ‘an imposing presence in court’, a ‘highly articulate and convincing advocate’ who provides ‘incisive case analysis’ and a ‘tactical advocate who is superb at cross examination’, regarded by solicitors as ‘sensitive to the mood of the client’.
A talented and very experienced advocate.
He is a brilliant tactical silk who can see the bigger picture before anyone else."
A talented and very experienced advocate. He is a brilliant tactical silk who can see the bigger picture before anyone else."
- Civil and Commercial Fraud
- International Corruption and Sanctions
- Financial Services and Regulatory Law
- Health & Safety and Environmental Regulation
Civil and Criminal Commercial Fraud
Philip Hackett is regularly instructed at the earliest stage when an investigation becomes a possibility, advising on steps to ensure a favourable outcome together with the preservation of confidentiality and LPP. He also advises at the earliest point on civil remedies in fraud cases including alternative dispute resolutions. He has considerable experience in all related areas such as freezing and restraint orders, asset tracing and mutual legal assistance and other issues in multi-jurisdictional cases. Experience and expertise in commercial, banking and auditing leads to him being instructed on behalf of the CEO or Finance Director or the company. He has acted in respect of many of the leading fraud cases including;
• Advising and representing numerous parties in challenging or seeking production orders, warrants and restraint and freezing orders.
• Advising on freezing orders and ancillary relief in support of foreign proceedings.
• Representing broker in SFO allegation of conspiracy to manipulate LIBOR submissions.
• Representing senior partner of firm of solicitors charged by SFO together with other solicitors, a QC and executives of Celtic Mining over the transfer of mining rights and obligations to BVI companies.
• Resisting SFO application for a voluntary Bill of Indictment after the dismissal of the above case by a High Court Judge.
• Representing financier of application for a gaming licence over allegation of fraudulent letters of creditworthiness.
• Advising on jurisdiction of English Court in respect of civil fraud proceedings arising from corporate activity in Lithuania.
• Representing partner in civil claim for fraudulent misrepresentation in severance deed.
• Representing director of company alleged to have obtained government development grant by fraudulent misrepresentation.
• Advising companies on obligations to report discovery of fraud by employees to regulator and treatment of whistleblowers.
• Representing Russian client in SOCA civil claim
• Advising Company on reaching agreement for compensation with former employee accused of fraud against company.
• Representing former CEO of Polly Peck in SFO prosecution.
• Representing CEO of Kent Pharmaceuticals in allegation of cartel to defraud NHS.
• Advising director in respect of HMRC prosecution for tax avoidance where other board members were charged with criminal offences.
• Representing CEO of AIT in respect of allegation of market manipulation by regulator.
• Representing Chinese clients in resisting civil claim for fraud by trading partners based in Taiwan.
• Representing directors of car importation company in respect of HMRC prosecution for VAT evasion.
• Representing director of Isle of Man Company in regulatory prosecution regarding pharmaceutical licensing.
• Advising in respect of regulatory investigations in France and Germany in respect of pharmaceutical trading.
• Representing political writer and researcher charged of MEP’s fraudulent claim to expenses.
• Representing press share tipster in respect of allegations of market manipulation by FSA.
• Representing directors of UK Property Company in respect of HMRC prosecution alleging control of Channel Islands Company.
• Representing chairman of football league club charged by SFO with defrauding club.
• Representing bank customers in civil claim against offshore bank alleging fraudulent conduct by bank staff.
• Representing CEO of Merrion re Insurance in respect of SFO allegation of underwriting fraud.
• Representing offshore re insurance company in resisting civil claim for fraud by
• Representing liquidator in civil claim for fraud against company directors.
• Representing lead underwriter of Lloyds Syndicate in respect of allegations of false accounting.
• Representing finance director of Maxwell group of companies.
• Representing finance director of Isle of Man Company in respect of allegation of false accounting.
• Representing CEO of Gulf group in respect of prosecution arising from relationship with BCCI.
• Representing CEO of Attock Oil charged in respect of relationship with BCCI.
• Representing property developer charged together with solicitor in respect of allegations of mortgage fraud.
• Representing independent auditor of Isle of Man Bank against fraud allegations following insolvency of bank.
International Corruption and Sanctions
Philip Hackett has advised on self-reporting, whistleblowing and internal enquiries and has considerable experience of multi jurisdictional cases and negotiations with multiple regulators including civil settlements and plea agreements. He regularly lectures for organisations such as the IBA, the Commonwealth Lawyers association on international bribery and corruption compliance matters. He has recently conducted seminars for the Nigerian Bar Association and Europol.
Cases in the public domain include British Aerospace; V Mobile; Oil for Food; Innospec and the prosecution of former cabinet ministers in Turks and Caicos.
• Advising on the recovery of state assets lost through corruption.
• Representing company executive in SFO prosecution of Innospec.
• Representing trading counterparty charged with facilitating corrupt activity by Bae Systems.
• Advising West African foreign government official on UK investigation and subsequent prosecution alleging international corruption.
• Advising on Crimean and Ukraine sanctions.
The broad range of Philip Hackett’s practice and experience in financial regulatory matters includes:
• Advising on cyber security obligations in the regulated sector.
• Advising partner in leading accountancy firm in resisting action by Robert Tchenguiz to have him committed to prison for contempt.
• Advising firms in regulated sector on compliance obligations including GDPR, AML and anti-bribery and corruption.
• Advising on mis selling actions against banks and financial advisors.
• Advising on various insider-dealing and mis selling investigations by regulators.
• Advising on extended reporting obligations and potential criminal liability under the Criminal Finances act.
• Advising on regulation, compliance, licensing and authorisation required for the provision of investment, trust and corporate services in the UK.
• Advising on ‘passport rights’ within the European Economic Area in compliance with the single market directive.
• Advising entities and individuals on compliance, audit and training requirements including bribery and corruption.
• Advising on the appropriate response to regulatory enquiries and investigations.
• Acting for CEO on allegation of market manipulation through company announcement.
• Dismissal of RCPO prosecution alleging ‘central management and control’ of offshore company.
• Representing journalist in allegation of market manipulation through reporting.
• Representing bond dealer in internal fact finding review into dealing conducted at regulators request.
• Representing Lloyds underwriter in disciplinary proceedings.
• Representing Company CEO in FSA prosecution for market manipulation.
• Representing press share tipster in DTI prosecution for market manipulation.
• Advising on compliance with international sanctions.
• Advising on preservation of LPP during regulatory investigations.
• Representing Company charged with breaches of EU trading sanctions.
• Advising on claim to LPP in course of internal investigation and international regulatory investigation.
• Advising on negotiation and settlement with international regulatory authorities.
• Advising on obligations and adequacy of compliance in respect of bribery and corruption.
• Advising on obligations to report counterparty conduct where corruption suspected.
• Representing parties in regulatory and professional disciplinary proceedings arising from regulation of financial services.
• Advising on insider dealing and market manipulation investigations by the Regulator.
• Advising on money laundering obligations of investment fund following criminal allegations against investors.
• Advising in respect of detention of goods under market surveillance powers.
• Advising estate agent in respect of OFT investigation
• Advising Estate agent on AML obligations following TV expose on Russian property purchases in UK.
• Advising on civil claim against HMRC in respect of historic allegations of fraudulent misrepresentation in obtaining warrants and forfeiture orders.
• Representing individuals and companies in respect of civil claims for VAT evasion brought by HMRC.
• Advising former finance director of insolvent company where SFO charged board members in respect of misstatement of accounts and income recognition.
• Advising reinsurance agent in respect of money laundering investigation by Guernsey authorities.
• Advising offshore bank on money laundering implications of sovereign wealth fund after regime change.
• Advising offshore investment fund on money laundering implications of funds from collapsed international bank.
• Advising on responses to HMRC enquiries and investigations, disclosure Facility Cases, Code of Practice 9 cases and cases before the Tax Tribunals.
Health & Safety and Environmental Regulation
Since defending the Captain of the Herald of Free Enterprise Philip Hackett has specialized in numerous manslaughter, environmental and health and safety cases. He has particular experience in the construction and road haulage industries and duties under the Construction (Design and Management) Regulations.
• Advising company and directors in respect of manslaughter investigation following death caused by automatic gates.
• Representing CDM principal contractor through inquest and HSE manslaughter investigation following construction fatality.
• Representing company director in prosecution for manslaughter against company and director arising from death allegedly caused by inhalation of noxious gases.
• Representing company director in prosecution for manslaughter following death resulting from fall from height during construction project.
• Representing company in prosecution of consulting engineer and director for supervision of road construction project.
• Several cases of representing directors of road Haulage Company in prosecution for manslaughter following fatal accident.
• Representing fleet service engineer in prosecution for seven counts of manslaughter following Sowerby Bridge disaster.
• Representing designer in allegation of breach of CDM regulations following death during construction of aircraft hangar.
• Representing employers in allegation of breach of Environment Act in handling of poisons in management of estate.
• Representing installer in respect of manslaughter allegation arising from installation of gas appliance.
• Representing company in HSE prosecution for failure to train and supervise staff in use of hazardous machinery.
• Representing water supply Company in prosecution for failure to observe asbestos regulations during construction.
• Representing company in HSE prosecution for unsafe system of work following death caused by industrial explosion.
• Representing consulting engineer in HSE prosecution following gantry accident during renovation of the Severn Bridge.