Andrew Marshall

Call: 1986

    • Email
    • Direct phone
    Andrew Marshall

    Personal profile

    Andrew Marshall is a committed and highly-experienced barrister sought both for his advice and advocacy.

    Andrew was made a Recorder in 2003 and Standing Counsel to the Attorney General (Crime) in 2005. Drawing on many years’ experience prosecuting at the highest level, and across many different areas, Andrew’s instructions (often through recommendation across prosecuting agencies), in the last decade or so have been in the largest and most difficult or sensitive of cases.

    This has resulted in a varied Regulatory & Professional Disciplinary practice, ranging from the largest investigations/prosecutions undertaken by DEFRA (Op Victor), MHRA (Op Singapore), BERR (Op Barber) and the Environment Agency (Op Durable) through to large MTIC frauds (RCPO/CPS) and insider trading (for FCA) as well as equally important cases, such as prosecutions of International arms-trafficking, drug trafficking and money-laundering.

    He was entrusted to prosecute barristers for alleged VAT fraud and is instructed on some of the more important Environment Agency and Health & Safety cases.

    This practice has taken Andrew not only to the Crown Court and the Court of Appeal but also the Administrative Court, the Mercantile Court, Court of Appeal (Civil Division), Chancery Division, First Level Tribunal (Planning Inspectorate for the EA) (Health Education & Social Care for the CQC), Coroners’ Court and even to speak at the Serious Crime Convention, United Nations in Vienna, at the request of the World Health Organisation.

    Andrew is a founding director of Edmonds Marshall McMahon solicitors, where he has a complementary practice in private prosecutions but remains an active member of Chambers.

    Recommendations

    Ranked in Chambers UK 2019 and 2018.

    Has impeccable judgement and makes complicated things sound simple.

    ― Chambers UK 2017

    Extensive experience of prosecuting high-value matters, including alleged tax frauds. He is an expert on document-heavy cases involving complex technical evidence.

    ― Chambers UK 2017

    A classy and professional courtroom performer, who has judges hanging on his every word.

    ― Legal 500 (2017) Ranked: Health and Safety

    Technically excellent and innovative… A very able and extremely intelligent advocate.

    ― Legal 500 (2015) Ranked: White Collar Crime

    Business Crime & Fraud

    Andrew has had considerable experience of defending and prosecuting Fraud cases.

    Featured cases

    Cases for the CPS and Revenue and Customs Prosecutions Office (RCPO):

    • R v Bell, Smith & others [2015] EWCA Crim 333 – Instructed as leading counsel for prosecution in a five-month MTIC trial and subsequent appeal, having previously advised over a number of years on strategy for prosecuting “MTIC brokers”. [Report]
    • R v Pershad [2014] EWCA Crim 692 – Instructed as prosecution counsel in the trial and appeal of Rohan Pershad QC who was convicted of VAT fraud and imprisoned.  [Press Report]
    • R v K & K (2013) – Instructed as prosecution counsel in a case concerning an international confidence trick re an Iranian Investment Agency worth approximately $100m.

    Serious & Organised Crime

    Andrew has had considerable experience of defending and prosecuting arms trafficking cases.

    Featured cases

    Cases for the CPS and Revenue and Customs Prosecutions Office (RCPO):

    • R v M (2015) – Instructed as prosecution counsel in a case concerning trafficking contrary to sanctions and controls legislation. See also R v M & ano [2015] EWCA Crim 173.
    • R v P-K (2013) – [2013] EWCA Crim 158
    • R v K (2008) – Instructed in the first arms-control prosecution and appeal, providing sentencing guidelines. See [2008] EWCA Crim 478.

    Regulatory & Professional Disciplinary

    Andrew has had considerable experience of defending and prosecuting Regulatory & Professional Disciplinary cases.

    Featured cases

    • Prosecution of “Sir’ Barry Brooks and others (2013) – One of the most cynical of benefit frauds exploiting the disabled. [Press Report]
    • R v G (Op Singapore) (2011) – Leading two juniors in the MHRA’s largest counterfeit medicines prosecution and the most serious prosecution of its type in Europe. [2011] EWCA Crim 3152 (conviction and sentence). [Report]
    • R v Foodles Film (production company for Star Wars VII) (2016) – Instructed in respect of breach of duties resulting in the serious injury and risk to life of the actor, Harrison Ford. [Press Report]
    • R v Luton Airport and CTAS (2013-15) – Instructed as prosecution counsel against the airport and its designers in a complex trial concerning workplace transport safety and a consequential fatality. Trial (2013) and subsequent appeal: [2015] EWCA Crim 1620.
    • R v SL (2012) – Instruction as prosecution counsel concerning a fatality at Heathrow T5, including LOLER.
    • Currently instructed in respect of a major investigation against a utility company.
    • Op Durable (2012-2017) – Instructed in the EA’s largest investigation, resulting in the convictions of the company and two directors (Oct 2017). Conducting proceedings in Mercantile Court and (with Stephen Hockman QC), in the Court of Appeal (Civil Division) and in the Crown Court from restraint through to conviction in 2017. See Environment Agency v. Churngold Recycling Limited [2014] EWCA Civ. 909. [Report]
    • Glastonbury Festival Events Ltd (2016) – Instructed in a prosecution for environmental breaches. [Press Report]
    • R v Melksham Metals and Lee Hazel (2014-16) – Instructed in the Crown Court and later on a planning Inspectorate appeal. [Press Report]
    • R v A R Ltd – Instructed as counsel for the EA in this judicial review and led in the Court of Appeal. See [2014] EWHC 1638 (Admin) and [2015] EWCA Civ 1289.
    • R v Rolls Royce Marine Propulsion Ltd (2014) – Instructed for the prosecution concerning radiation leakage and failures. [Report]
    • R v Shell (2011) – Instructed as prosecution counsel in respect of a major explosion at Bacton North Sea gas plant. [Press Report]
    • R v Wilmott; R v Mohal & Birk (2014-16) – An insider trading investigation and prosecution arising out of the takeover of Logica PLC. Instructed as counsel for the FCA in this diverse insider trading enquiry and prosecution in two strands. [Press Report]

    Education

    • LL.B (Hons), University College London

    Awards

    • Inner Temple: Awarded four scholarships and awards

    Professional appointments

    • CPS Advocate Panel (Grade 4) and Regulatory List (A Panel)
    • Standing Counsel to Revenue and Customs Prosecution Office (2005-2009)
    • Recorder (2003)

    Memberships

    • South Eastern Circuit
    • Inner Temple

    Publications

    • Disclosure chapter in Fraud: Law, Practice and Procedure, Butterworths, 2004, co-author