Region Area

Barristers

Steven Kay

9BR Chambers, London

Work Department

Criminal law.

Career

Called 1977; secretary of the Criminal Bar Association of England and Wales 1993-96; Prime Minister’s special committee on Victims in the Criminal Justice System 1995; took Silk 1997; recorder of the Crown Court 1997; founder member of the European Criminal Bar Association. Now lectures throughout the world on issues concerning the International Criminal Tribunals and the International Criminal Court, and on national legal subjects ranging from fraud in the City to corporate killing – directors’ liabilities. He conducts advocacy courses for lawyers needing to learn the skills necessary to appear as a defence advocate before international courts (ie Berlin, Salzburg, London, The Hague, Sarajevo and Arusha). Author of ‘The Role of the Defence in the Commentary on the Rome Statute of the International Criminal Court’ (ed Casese, Gaeta, Jones OUP 2002). Is a frequent commentator upon issues concerning criminal justice on television, radio and in publications.

Called to the Bar of the Inner Temple 1977

Queen’s Counsel 1997

Recorder of the Crown Court 1997

Master of the Bench of Inner Temple 2008

Co-Chair IBA War Crimes Committee 2012-16

Special Advisor IBA War Crimes Committee 2017

Co-Chair ABA International Criminal Justice Standards Working Group 2017

Secretary IBA Judges Forum 2019

Memberships

Inner Temple

International Bar Association

South Eastern Circuit

Criminal Bar Association

The Marque

Quorum

Association of Defence Counsel (ICTY)

Defence Counsel (ICC)

Position

Steven Kay QC is Head of Chambers at 9BR, a leading set of barrister’s Chambers established in London over 60 years ago. He is a leading international criminal lawyer with a global reputation who has been in the landmark cases that have established modern international criminal law including: the first UN trial at the Yugoslavia Tribunal (Dusko Tadic) that created modern international criminal law; the first trial of a former Head of State (ex-President of Serbia, Slobodan Milosevic); the first trial at the ICC of an incumbent Head of State (President Uhuru Kenyatta of Kenya). His reports have been influential upon world affairs - in the case of President Kenyatta at the ICC, his client won the Kenyan presidential election during the televised proceedings. Read the report of the defence of the trial at the ICC.

Steven is engaged by governments and organisations to investigate the prevailing narratives in matters of international concern. Below are some examples of this kind of work - the 30 years conflict in Sri Lanka between the Tamils and the State; Egypt and the Muslim Brotherhood; Montenegro Corruption and Conflicts of Interest; Human rights abuse alert Algeria; IBA report on Political Prisons in North Korea. His reports have been influential upon world affairs - in the case of President Kenyatta at the ICC, his client won the Kenyan presidential election during the televised proceedings. In May 2021 he led the 9BR Chambers international team that produced A Report on the Lundin Case commissioned by the Board of Directors for Lundin Energy and he is a consultant upon international criminal law to the Swedish defence lawyers. In 2022 he investigated the causes of the 2013 and 2016 conflicts in South Sudan and discredited the narratives relied upon by the UN and AU - http://southsudanreports.com/

View a recent (21 Aug 2020) TV interview with Steven regarding Corruption in Montenegro

Steven’s international fraud and corruption practice focuses upon the criminal issues arising in complex international commercial cases and transactions where he works with multi-national and multi-disciplinary teams. Steven is now engaged by clients to oversee complex national and international litigation and provide his experience and expertise to review and assist in the development of their cases. These cases include jurisdictions such as Georgia, UAE, Liechtenstein, Switzerland, Austria, Singapore, BVI, Cayman Islands etc.

In August 2020, in response to growing demand from clients for advice upon the impact of the UK Bribery Act on International companies with subsidiaries or related organisations in the UK, Steven, together with Dr Anthony Richardson and Richard Paton-Philip, set up from 9BR Chambers the UK Bribery Act International Advisory Service.

At 9BR Chambers he has established a Sanctions and Interpol Red Notice Hot Desk, to deal with the increasing number of international arrest warrants requested by states against perceived enemies of a regime that may be politically or financially motivated and the representation of governments, persons and companies listed on international sanctions lists of UN, EU, OFAC, OFSI. In April 2022 he represented a review of sanctions to the All Party Parliamentary Corporate Governance Group in the Houses of Parliament.

Steven is experienced in advising clients at the crisis stage of an international situation by setting out their options and guiding their responses, whilst also making the preparations necessary for future litigation. His cases demonstrate the depth of experience and the quality of the work for which he has been hired. 9BR’s other international lawyers have been involved in most of these cases with him and they have developed an impressive team to meet the unique challenges these cases present in whatever part of the world they may arise. Some international cases upon which he has been asked to advise are necessarily confidential.

Steven is registered to accept instructions under Direct Public Access and is licensed to litigate in the courts of England and Wales.

Education

Leeds University 1973-76

Inns of Court School of Law 1976-77

Mentions