Robert Smith

Crime, Regulatory, Civil

Robert Smith KC is primarily, a trial advocate specialising in regulatory and medico legal cases and the defence of companies and individuals under investigation by The Serious Fraud Office, regulators such as The Financial Conduct Authority and The Health and Safety Executive and by police forces.

In recent years his professional work load has involved the prosecution and defence of complex and particularly serious criminal cases, with a particular emphasis on medico-legal and scientific issues, the defence and prosecution of professional defendants such as medical practitioners and health care professionals and the defence of corporate bodies, their senior managers and directors.

His cases have involved and continue to involve a wide range of situations in which the criminal law has been engaged including scientific issues, aviation, industry, coal mines, railways, food and consumer safety, educational establishments, the pharmaceutical industry, newspaper publishing and medico-legal issues. He has also advised on matters involving Parliamentary Privilege and allegations of contempt of the House of Commons. He have conducted cases involving Human Rights issues in both the Court of Appeal and the House of Lords. He has acted for North West Fire Control Limited in the long running Public Inquiry into the Manchester Arena Bombing. Publication of the Inquiry’s Report is expected in the latter part of 2022.

Robert advised upon and conducted litigation in the field of regulatory criminal law [in particular health and safety, bribery and corruption and the prosecution and defence of corporate bodies particularly in the context of the Health and Safety at Work Act 1974, the Prevention of Corruption Act 1906 and the Bribery Act 2010] and related litigation, including civil actions involving the police, administrative court cases, extradition issues and cases involving misfeasance in public office.

Robert has a particular interest in gross negligence manslaughter, particularly in the context of medical failings and in cases involving the medical implications of non-accidental head injury in children (‘NAHI’ – formerly described as ‘shaken baby syndrome’) and have been involved in many cases, both for the prosecution and the defence, in which the ‘triad’ of signs and their interpretation has arisen.

He has conducted a significant number of cases of fraud and alleged corruption, representing both individual and corporate defendants under investigation by the Serious Fraud Office. Robert is familiar with the practice of the US Department of Justice and the US Securities Exchange Commission in the context of the United States Foreign Corrupt Practices Act and the United States Exchange Act.

Robert remains committed to conducting a number of publicly funded criminal cases and consider that the criminal Bar has an obligation to do so. Most of his pro bono work has involved advising upon and reviewing complex cases which have already been decided at first instance. These have included medico-legal and regulatory issues. He has also advised and acted pro bono in a number of recent cases involving lawyers and individuals from other professions facing regulatory process or investigation at first instance. Many of the clients in such circumstances do not have the financial means to consider avenues for redress where the legal system has failed them at first instance or where a full and effective defence would be financially onerous. He is prepared to consider a limited number of cases annually in respect of this service where instructing solicitors are in a position to provide a full file for initial assessment by him as to merit.

Robert has been closely involved in presenting lectures and seminars on topics of current and historical legal and academic interest. Recent work includes presentations in respect of legal professional privilege in conjunction with the University of Northumbria in relation to reform of the law, sponsored by The Modern Law Review. Material currently in preparation includes ‘The Age of Advocacy’, a study of the Advocates of the nineteenth century and their leading cases.