Andrew Herd
Call: 2015
“Red Lion Chambers is a great set of chambers to work with. They are well respected and have an array of very talented counsel.”
Legal 500, 2022
Personal profile
Andrew Herd is an experienced barrister specialising in business and financial crime cases. His practice includes representing clients in relation to allegations of fraud, money laundering, Insolvency and Companies Act offences, as well as regulatory enforcement.
He is often instructed in cases brought by the SFO, HMRC, and the Insolvency Service, and his experience includes cases involving company misconduct, allegations against directors, and regulatory breaches.
Andrew is appointed to the SFO Panel (B), the CPS Specialist Fraud Panel (Grade 3), and the Attorney General’s Regulatory Panel (B).
His work also covers related areas such as asset restraint and recovery under the Proceeds of Crime Act 2002. He accepts instructions across the business crime sphere, including in cases involving sanctions, extradition, and inquest work.
Andrew also has experience in professional discipline, and a strong practice in general crime, where he continues to achieve successful outcomes for clients facing allegations ranging from high-value theft and money laundering to attempted murder.
Business Crime & Fraud
Featured cases
- Defence of company with circa £150m turnover in a breach of trade effluent consent case.
- Advisory work, circa £1.5m fraud.
- R v PS – instructed as junior counsel to defend a company director against allegations of high value fraud against the Royal Mail.
- R v JP – instructed by the Insolvency Service to prosecute a case involving dishonest non-disclosure during an application for an IVA.
- R v JN – instructed by the Insolvency Service to prosecute a company director for concealment of property during bankruptcy.
- R v RJ and others – instructed to defend a business owner against allegations of large-scale theft and money laundering.
Professional Discipline
- Instructed to present on behalf of the GMC in cases involving issues such as drug addiction, violence, and patient death.
- Instructed by the RCN in cases involving drug use and dishonesty.
- Instructed to present on behalf of the BSB, currently appointed to the BSB Independent Decision-Making Body.
- Instructed by Ofqual to advise on the results of their audits of awarding institutions.
- Previously acted as legal adviser for Ofqual’s EPRS panel.
- Instructed regularly in relation to police disciplinary matters.
Serious & Organised Crime
Featured cases
- R v G – firearms, possession.
- R v HE – conspiracy to supply firearms.
- R v MS – instructed as junior counsel to defend a woman accused of modern slavery.
- R v RH – instructed to defend in a high value multi-handed conspiracy to supply class A drugs case.
- R v H – instructed to defend in a case involving possession of a large quantity of cocaine by a vulnerable individual.
Serious Violence
Featured cases
- R v GS and CS – instructed to defend a father and son accused of wounding.
- R v DH – instructed to defend a man accused of attempted murder and controlling and coercive behaviour.
- R v HP – instructed to defend a man accused of arson with intent to endanger life.
- R v CJ – instructed to defend a woman accused of stabbing a child.
International
- Experience working on complex international fraud cases for the SFO and Jersey Prosecution office.
- Experience delivering financial crime training programmes to the Oman public prosecution office.
Contempt of Court
- DA v LBTH – instructed by the defence in a contempt of court appeal involving the imprisonment of a vulnerable woman suffering from a brain tumour.
- OR v DB – instructed by the defence to defend a company director accused of contempt of the High Court.
- MDA v SA – instructed to defend in a committal application brought by a company.
Road Traffic Offences
Featured cases
- R v PW – “mechanical defect” dangerous driving case
- R v S – accusation of careless driving causing an accident.
- R v P – causing serious injury by dangerous driving.
Education
- LLM by Research, University of Edinburgh, Distinction
- LLB (Hons), University of Aberdeen, First Class
Awards
- Harmsworth Scholarship, Middle Temple
- Edinburgh Legal Education Trust, LLM by Research Scholarship
Professional appointments
- CPS Panel Advocate (Grade 3)
- CPS Specialist Fraud Panel Advocate (Grade 3)
- SFO Trial Counsel (B Panel)
- SFO Proceeds of Crime Panel (B Panel)
- AG List of Specialist Regulatory Advocates (B Panel)
- Member of the Civilian Stabilisation Unit
- Bar Standards Board, Independent Decision Making Body, Barrister Member
Memberships
- CBA
- ARDL
Publications
- What New UK Money Laundering Law Means For Fintech, Law 360, June 2021
- Arlidge and Parry on Fraud, 6th Edition, 2020, co-author
- Arlidge and Parry on Fraud, 5th Edition, 1st Supplement, September 2018, co-author
- Criminal Finances Act 2017, January 2018 update, co-author
- Brexit and Money Laundering Regulation, April 2017, co-author
- Book Review of Forbes: The Institutes of the Law of Scotland: Edinburgh Law Review, vol. 18, May 2014,pp 300 – 301