Colin Wells

Barrister

An excellent fraud junior who is extremely hard working and very bright. He is the go-to person on abuse of process matters. Chambers UK

Pre-charge criminal advisory
Criminal defence work – Fraud, Money Laundering, Confiscation and related Regulatory proceedings.
Criminal Cost Appeals
2002-2008 Licensed Advocate on Isle of Man
2009 – Licensed for Direct Access Work

Publications and Seminars

Abuse of Process (4th Edition), Oxford University Press, 2023
Confiscation proceedings and civil recovery: proportionality and abuse of process, CDR - Fraud Asset tracing and Recovery - March 2021
Article of PPE in Legal Aid cases, Costs Lawyer, May/June 2020
PDF versus Excel basis for page count calculation in PPE disputes, CrimeLine, May 2020
When Does a Trial Begin for Purposes of Legal Aid Funding?, CrimeLine, February 2020
Unexplained Wealth Orders - now being obtained and used, CrimeLine, January 2019
Disclosure Failures and Abuse of Process, January 2018
Right to Silence, July 2017
Fraud Presentation, July 2017
Human Trafficking Talk, January 2017
Abuse of Process (3rd Edition), Oxford University Press, 2017
Abuse of Process Update, The Criminal Law Friendly Society, London, 13th May 2016
The LCCSA Conference Madrid, October 2015
The Leveson Review 2015, 6th May 2015
"Civil/criminal contempt:R v O'Brien" for the Fraud Lawyers Association, 6th October 2014
Fraud, Bribery and Money Laundering Sentencing Guidelines 2014 at LCCSA European Conference Alicante, Spain, 2014
"Fraud: a practitioners handbook", Bloomsbury 2014
"The right to a fair trial, access to justice and state funding": Operation Cotton falls foul of Grayling cuts.
Jury Selection, Protection and Misconduct, Criminal Law & Justice Weekly Criminal Bar Quarterly, Issue 12, Spring 2013, p.1, 25th January 2014
Transfer of Representation Order, Criminal and Law Justice Weekly, 21st December 2013
Human Trafficking and Children, LCCSA, 18th September 2013
Human Trafficking and Sensible Prosecuting,Criminal Law & Justice Weekly, Vol.38, p.615-617 - 21st September 2013
The Annual Human Rights and Criminal Law seminar, University of Auckland, Auckland, New Zealand: New Zealand Centre for Human Rights Law, 1)R v Abu Qatada - admissibility of torture evidence 2) R v Abu Hamza - media reporting and abuse of process 3)R v LN - Human trafficking and article 26 Council of Europe anti-trafficking convention, 27th July 2013
The Right to Silence - A Practical Approach, paper presented to the New South Wales Public Defenders Office, Sydney, Australia, 4th July 2013
Costs Orders against the CPS, 378 (2011) 175 JPN, Criminal Law & Justice Weekly
Tainted Gifts under the Criminal Justice Act 1988
Prosecution Witness Disclosure, 282 (2011) 175 JPN, Criminal Law & Justice Weekly, 14 May 2011
Prosecution Misconduct (R v Warren) 234 (2011) 175 JPN, Criminal Law & Justice Weekly, April 2011
Fitness to Plead 162 (2011) 175 JPN, Criminal Law & Justice Weekly, 19 March 2011
Reaction to Accusation 98 (2011) 175 JPN, Criminal Law & Justice Weekly, 28 February 2011
Sensible Prosecuting & Article 26 (Human Trafficking), 34 (2011) 175 JPN, Criminal Law & Justice Weekly
Defence witness notification Aggressive Compliance, Criminal Law & Justice Weekly, 13 November 2010
Police & CPS on Juries, Criminal Bar Quarterly, April 2008
Representation in Confiscation Proceedings & Unfairness, Criminal Bar Quarterly Issue 3
Systematic disclosure failures at HMRC, Solicitors Journal, 8th January 2008
Abuse of Process as an appeal ground, Criminal Bar Quarterly, March 2007

Education

BSc (Economics and Law) - Plymouth Polytechnic
MA (Industrial Relations and Employment Law) - Warwick University

cwells@25bedfordrow.com

R v H (2018-20) - Boiler-room investment fraud including diamonds - Operation Cornflour - £750 000 - 18 defendants
R v V (2018) - Internet banking fraud (£0.5 million)
R v K (2018) - Insurance fraud (£1 million)
R v A (2018) - Motor insurance fraud and money laundering.
R v C (2017) - Money service bureau compliance officer acquitted of money laundering (£57 million cash).
R v E (2016) - Land bank and carbon credit fraud. (Operation Soma, £7 million)
R v W (2016) - VAT fraud (£4.7 million)
R v H (2014 -16) - Defendant found unfit to plead to 9 counts of breach of trust fraud, £150,000, absolute discharge imposed.
R v M (2016) - Defendant acquitted of £300,000 breach of trust fraud.
R v P (2015-16) - Defendant received suspended term of imprisonment with no confiscation order, for two counts of common law Cheating the Public Revenue (failing to account for £350,000 VAT on retail sales of three companies).
R v B (2014 - 16) - Acquittal of Director of Diamond and artwork brokerage fraud allegation.
R v H (2014-15) - Diamond fraud acquittal of company director as expert evidence excluded
R v O (2014 -15) - Internet fraud on dating agency website.
R v K (2014) - Wonga loans fraud of £1 million. Conspiracy to defraud with associated money laundering.
SFO v Brian O'Brien (2010-14) [2014] - UKSC 23 Conspiracy to Defraud, Fraudulent Trading, Financial Services and Markets breaches, POCA Money Laundering and Hampering an Investigation. SFO prosecution, of £4.1 million "boiler-room" fraud, involving Canadian stock exchange stock and UK AIM. Background of Company Director Disqualification proceedings and regulatory involvement of the English FSA, Irish and Spanish counterparts. Allied Contempt-extradition proceedings in the Supreme Court (breach of s.41 POCA, civil - criminal contempt, speciality rule under section 151 of Extradition Act 2003).
R v H (2010-11) (Operation Ghast) - MTIC VAT fraud. Four conspiracies to cheat the public revenue of £19 million with associated money laundering counts, relating to the purchase and sale of sim-card adaptors, with FCIB money transfers. Computer disk material containing £5 billion worth of “fraud-kit”. Issues of Legal Professional Privilege.
R v J (2009-15) (Operation Vaulter) - MTIC VAT fraud. Cheating the public revenue of £20 million VAT and associated POCA money laundering counts (over £800 million), through various companies in Dubai, Poland and Tanzania through FCIB money transfers. Allied Restraint proceedings
R v Pigott (2004-2009) (Operation Campaign) - MTIC VAT fraud £44 million involving Hexagon computer banking transfers and cloned companies in Hong Kong with hidden assets (Dubai, Malta and Hong Kong) and recusal arguments mounted in the Court of Appeal. Related Ancillary Relief proceedings in High Court Family Division. Reported at [2009] EWCA Crim 2292, Archbold News 10 (2009) (Confiscation Appeal in MTIC fraud, relating to recusal and default time period)
R v P (2009) - “Ponzi” fraud involving spread betting, share trading and Royal Protection Police officers.
R v F (2009-10) - £5 million “Ponzi” high yield investment fraud, over 4 year period, with associated POCA and FSMA breaches.
R v H (2007-8) - Defrauding the public revenue of £1.9 million, national insurance on “ghost” labour.
R v B (2004-6) - MTIC VAT carousel fraud, involving contra-trading and legitimate “hijacked” businesses, delay abuse of process arguments.

VAT tribunal

Triton Communication Limited v Commissioners (2011-12) - VAT Tribunal - appeal £2.6 million reclaim on behalf of company and sole trader, with MTIC background, of computers.
Commissioner v Greener Solutions Limited - Upper Tribunal (Tax and Chancery chamber) [2012] UKUT 18 TCC - knowledge to be imputed to trader of agent in VAT reclaim with MTIC background, of recycled mobile telephones.

Regulatory

R v G (2016) - British Gymnastics Association investigation, linked to MPS disclosure of historical criminal allegations.
R v M (2011-15) - DEFRA prosecution of the largest European supply of illegal veterinary medicines contrary to the Medicines Act and Veterinary regulations, with associated POCA money laundering (£5.6 million)
Marine Maritime Organisation v F (2011) - MMO prosecution of a waste management company (in administration) and a company director, involved in the demolition and dredging of Falmouth docks (a site of Special Scientific Interest) contrary to the Food and Environmental Protection Act 1985, depositing silt contaminated with toxins, without a licence.

R v J (2016) - 73 Kilos of Cocaine conspiracy.
R v G (2016) - 65 Kilos of heron & cocaine importation (£9.5 million value).
R v E (2015-16) - Self employed transport driver acquitted after a 4 month Crown Court trial of conspiracy to supply 1.1 tonnes of cannabis resin. Defendants Costs order awarded.
SFO v Brian O'Brien [2014] UKSC 23 - Supreme Court deciding whether a contempt of court flowing from a breach of a s.41 POCA restraint order constitutes a civil or criminal contempt, interpretation of Art.18 of the United Kingdom - United States Extradition Treaty 2003, speciality rule Extradition Act 2003)
R v McMullen [2013] EWCA Crim 2357 - Court of Appeal Criminal Division decision on jury selection, protection and misconduct.
R v L (2011-12) - Drug trafficking of 40 kilos of cocaine and associated POCA money laundering (£5.5million) spanning nearly a decade of property investments in the UK and Europe, with off-shore trusts and companies domiciled in Mauritius, the Seychelles, Azerbaijan and Switzerland.
R v M (2011-15) - DEFRA prosecution of the largest European supply of illegal veterinary medicines contrary to the Medicines Act and Veterinary regulations, with associated POCA money laundering (£5.6 million)
R v N (2013 - 2015) - Money Laundering from a land bank fraud
R v S (2012) - Conspiracy to money launder £32 million pound from the Ukraine into the UK.
R v S (2011-12) - POCA Money Laundering as part of “hidden assets” confiscation finding in tobacco duty evasion fraud with benefit figures of £1 million. Legal issues of abuse of process re delay, management receiver fees suffered in Restraint proceedings.
R v Quinn [2010] 1 Cr App R (S) 34 - (Drug trafficking sentence for importer)
R v Wakeman (1999) 1 Cr.App.R.(S) 222, CA - (Supply of Ecstasy sentencing authority)
Merthyr Tydil Crown Court, ex parte West and others Archbold News Issue 5 June 1997, 2, CO4481/96 (Custody Time Limits Judicial Review)
R v Kinsella (1995) 16 Cr.App.R.(S) 1035, CA (Warrington gasholder bombing, admissibility of IRA political memorabilia)
R v Maidstone Crown Court, ex parte Schultz and Steinkeller (1993) COD 183, DC (Custody Time Limits Judicial Review )

Costs

R v Gordon Lamonby (EWHC 22 SC -2023 – CRI -000053) [2024] decision 8^thJanuary 2024, Costs Judge Whalan decided that a trial fee as claimed was the appropriate fee as substantial matter of case management had taken place during a joint experts’ meeting at which both Prosecution and Defence counsel questioned the experts, albeit informally, leading to the prosecution to offer no evidence.
R v Brownsill (EWHC 1476 SC-2022-CRI-00011) [2023] Cracked trial fee Appeal, in respect of two indictments which were stayed at the end of a trial.
R v Peter Tredget (EWCA Crim 1894) [2022] The Court of Appeal, Criminal Division considered whether it could retrospectively extend a state-funded 'Representation Order' to include work undertaken before a case is referred to the court by the Criminal Cases Review Commission; to cover costs for work undertaken (between 2010-2019) by the Appellant Litigator and Counsel in representing Peter Tredget in Court of Appeal Criminal. Division proceedings – on appeal from Leeds Crown Court.
R v Umi Noor (EWHC 2837 SCCO) [2022] Appropriate basis for PPE calculation in mobile telephone PDF and Excel extraction reports cases . Percentage of images allowed in PPE calculation.
R v Garry Moore (SCCO SC- 2022 CRI/002) [2022] EWHC 1659 Costs examined claims under the LGFS for two fees in relation to cases which have been joined or where indictments have been amended, stayed or quashed - ‘housekeeping’ or ‘tidying up’, does not constitute an entirely separate case for fee purposes
R v Liddle, SCCO Ref: SC-2021-CRI-34 (20 July 2021): Costs Judge awarded an additional payment for an increase in PPE; broken hyperlinks factor increased the % of images allowed to 50%.
R v Ahmed, SCCO Ref:182-19: the approach that Determining Officers should use in calculating PPE for cases which involve PDF and Excel formatted electronic evidence.
R v Rooney, SCCO Ref SC-2019-CRI-000021SC-2019-CRI-000021: Appeal against the fee allowed under the Litigators Graduated Fee Scheme (LGFS). Transfer before Trial
R v Milne, Loveridge and Davis SCCO Ref: JR/158/19: Litigators fee appeal based on whether there was one or two trials, on separate indictments.
R v Turner-Miller SCCO Ref: SC-2019-CRl-01: Costs appeal whether or not, the litigator is entitled to a fee based on a 1-day trial scenario as claimed or a cracked trial scenario as assessed by the LAA, in relation to substantial case management issues of disclosure, abuse of process and breach of legal professional privilege.
R v Headley SCCO Ref: CL/138/19: Litigators Graduated Fee appeal of PPE that should be allowed in relation to disallowed electronic disc material.
R v Shabir SCCO Ref: AGS/88/19: web history pages of electronic telephone download qualified for inclusion in the PPE page count as central to the prosecution case in advancing the street dealer role to the Defendant, and of relevance to the nature of the case advanced by the Defendant that he was a recreational drug user, social supplier. Case Decision Transcript.
R v Hughes SCCO Ref: JR/104/19: litigators appeal based on PPE on electronic served mobile telephone data
R v Charles Elad SCCO Ref: JJ/220/18: Litigator fee appeal based on number of PPE that should be allowed from electronic disc exhibits of mobile telephone download
R v Beckford SCCO Ref : CL/250/18: Litigator fee appeal based upon PPE payable for served disc exhibit. Case Decision Transcript.
R v Woods SCCO Ref: CL/151/18: Litigator fee appeal based upon PPE payable for served disc exhibit
R v Xhana SCCO Ref: 118/17: Litigator fee appeal based upon appropriate basis for calculating the PPE Prosecution served electronic material exhibit disc based upon a PDF or Excel format
R v Francis SCCO Ref 142/16: trial or retrial (as per R v Cato, 9 March 2012, R v Nettleton [2013] 1 Costs LR 186, R v Howitt,13 February 2013 SCCO 386/12, Appendix P of the LAA Crown CourtFees Guidance)
R v Gabbidon 2016: special preparation claim for litigators over 10,000 page PPE cap
R v Motaung SCCO Ref: 179/15: Litigator fee appeal, PPE claim for raw telephone data as used material deemed unused material and outside PPE.
R v Hunt [2016] 2 Costs LR 429: Newton hearing definition for Litigator Graduated Fee Claim purposes as opposed to a cracked trial.
R v Jagelo SCCO Ref: 96/15: Graduated fee costs appeal for PPE over 10,000 pages. Post-Furniss decision that Special preparation claim was compatible with Article 6 rights of a criminal defendant to receive representation adequately remunerated.
R v Johnson, Nettleton & Others SCCO Ref 58/13, [2014] 2 Costs L.R. 387: Criminal Costs appeal - recoupment of Legal Aid. Case Decision Transcript.
Tuckers Solicitors v Lord Chancellor's Department 18.10.13, [2013] EWHC 3817 (QB): Criminal Costs appeal - transfer of Legal Aid Representation order. Case Decision Transcript.