Adrian Darbishire’s defence practice focuses on workplace crime in many forms, but particularly in relation to (a) health and safety matters, including manslaughter (b) financial matters, especially sanctions breaches, cartels, corruption and money laundering issues and (c) professional misconduct, especially in relation to medical and legal professionals. He has long experience of the specific issues that arise in these cases, such as in relation to disclosure, LPP, confidentiality and the nature (and misuse) of investigatory powers. He is well-versed in the interplay between prosecutors and regulators, and has appeared in or advised in relation to many tribunals, from professional bodies (GMC, GDC, SRA etc.) to the Competition Appeal Tribunal. His practice focuses on professionals charged in criminal and disciplinary proceedings arising in connection with their work, especially anti-competitive behaviour; fraud; corruption; market abuse; serious professional misconduct and negligence; and health and safety breaches. He is also engaged in advising and defending companies in other criminal matters, such as those relating to dangerous or environmentally damaging products and workplaces. He has considerable experience of defending doctors in criminal and General Medical Council matters, including gross negligence; offences concerning the conduct of clinical research; sexual offences; verbal/physical abuse of patients; misuse of alcohol/drugs; and claims frauds. He has a particular interest in criminal cases with technical aspects such as accounting, engineering and medicine. Through cartel, corruption and sanctions work in particular, he has significant experience in and knowledge of the international dimension to domestic criminal law, for example where parallel domestic and foreign investigations are in place. He has been involved in challenges to domestic legislation based upon European directives (see R v B(I) [2010] 1 Cr App R 16), UN Security Council Resolutions (see R v PD & EB (Iraq Sanctions) [2011] EWCA Crim 2082) and ECtHR. He has Administrative Court experience for applicants and respondents on judicial review, case stated and habeas corpus. He has experience of inquests for implicated parties and families of the deceased, as well as substantial appellate experience in criminal matters, particularly in relation to sentencing. Notable cases include: acting for defendant in the first cartel prosecution (Marine Hose); acting for defendant in first cartel trial (BA/Virgin allegations); acting for prosecution in first statutory corporate manslaughter prosecution.
Called Lincoln’s Inn 1993; QC 2012. Although usually acting for the defence, as a former Treasury Counsel at the CCC (2007-2012), he also brings with him long experience as a prosecutor of the most serious and complex cases.
Competition Law Association; Health and Safety Lawyers’ Association; Association of Regulatory and Disciplinary Lawyers; CBA; ECBA; registered with the Bar Council Public Access Directory; Public Access Bar Association (PABA).
King’s College, London (1993-94 LLM in administrative and criminal law); City University, London (1991-92 diploma in law); Balliol College, Oxford (1985-88 BA Hons English literature).