Thomas More Chambers

Private Client/Family:

Mr Vollenweider is leading junior counsel and deals with cases of substance, complexity, difficulty and sensitivity.

High net worth individuals regularly instruct Mr Vollenweider in complex financial remedy cases involving international property portfolios and companies. He is used to dealing with family trusts and the tracing and recovery of assets allegedly dissipated.

He has been led by the Honourable Mr Justice Nicholas Francis K.C. of 29 Bedford Row in two of his cases before Sir Nicholas’s appointment. He has appeared, instructed alone, against Alexis Campbell K.C. of 29 Bedford Row in a £25million financial remedy claim concerning a long marriage, and has had the pleasure of working alongside Elizabeth McGrath K.C. of 3 Paper Buildings concerning a very short marriage and opposite Samantha Hillas K.C. of St John’s Buildings, where he relied on an alleged completed agreement and the case of Xydhias v Xydhias [1999] 1 FLR 683. The case ultimately settled. He has been instructed as sole Counsel in a case where the wealth of the husband was allegedly £75 million.

He has appeared against Farrer & Co, solicitors to Queen Elizabeth II at the time.

He is often instructed by companies to intervene in financial remedy cases, where the husband is a director/shareholder of the company, and has appeared in cases involving allegations of fraud, where reference to the Director of Public Prosecutions is a real possibility.

He has appeared in applications under the Trusts of Land and Appointment of Trustees Act 1996, applications under Schedule 1 of the Children Act 1989, international children cases and child abduction cases.

He is regularly instructed in Children Act 1989 cases, and has conducted final hearings of significant length and complexity, appearing for the parents in High Cost Public Law cases where there have been findings of fact sought against alleged perpetrators of serious sexual abuse and/or violence. He has appeared alone against Alex Verdan K.C. of 4 Paper Buildings (Counsel to the film producer Guy Richie), Susan Grocott K.C. of Deans Court Chambers. He has particular experience of cases where one party has narcissistic personality disorder.

He has a particular interest in external and internal relocation cases, in particular to Scotland. In his last external relocation case, he successfully represented a mother seeking to relocate her child to Germany, where she wished to live with her new partner.

Crime:

As a leading defence and prosecution junior he has conducted trials of substance, length, complexity, difficulty, and sensitivity involving allegations of attempted murder and historical rape. Indeed, after leading one such rape case, off his own bat His Honour Judge Darling wrote a reference to the Crown Prosecution Service describing him as “an individual with Silk and Treasury Counsel written all over him”. Mr Vollenweider led his first case at the age of 31 years (7 years’ Call). He is now 48 years old and 24 years’ Call.

He was a level 3 prosecutor, who has been instructed on Level 4 cases, and for over ten years was on the Attorney-General’s specialist panel of rape and child sexual abuse prosecutors. Now, he appears exclusively for the defence either as leading junior counsel or in privately paying cases. He has appeared in the Central Criminal Court (Old Bailey), Courts Martial (Germany), Divisional Court and Court of Appeal.

He has appeared in numerous applications under the Proceeds of Crime Act 2002 and has a keen interest in commercial fraud, having led cases involving fraud and money laundering.

He can conduct private prosecutions and, indeed, has brought one such case against the Bank of Scotland Plc (Trading as Halifax) for the harassment of a debtor. The (then) fourth largest law firm, DLA Piper, represented the bank. As the case headed towards trial the bank wrote off the debt.

Commercial/Civil:

All areas, although the smallest part of Mr Vollenweider’s practice. He has appeared in the County and High Court and will undertake work such as Judicial Review and cases in the Judicial Committee of the Privy Council.

He has been involved in a civil case in the High Court seeking the restoration of a £250,000.00 AC Cobra to its rightful owner, where the other side had instructed leading Counsel.

He has particular experience of cases involving defamation of character, contracts, Torts (Interference with Goods) Act 1977, harassment, nuisance, personal injury including Fatal Accident Act 1976 claims and human rights.

He has been led by Silk in one such Judicial Review, involving human rights issues relating to the recovery of private costs in criminal cases, where the client had not applied for legal aid, as he had been deterred from applying for the same having been assessed as unsuitable for such by the on-line calculator. He had been acquitted and disallowed his some £70,000.00 worth of costs. Mr Vollenweider appeared without leading Counsel before Lord Justice Ryder sitting on the appeal from the Divisional Court. Mr Vollenweider abandoned the Silk’s points on appeal, preferring to rely upon his own new ground of appeal, which Lord Justice Ryder described as raising “…attractive issues that were not pursued before the Divisional court below….”

Inquests:

Mr Vollenweider has experience of the same, appearing for the partner of the deceased in a notable one involving Stepping Hill Hospital, where the hospital admitted liability after the inquest resulting in a substantial settlement for the partner.

Direct Access:

He regularly accepts instructions involving complicated matters at a very late stage.

Litigation Certificate:

He has an extension to his practising certificate, which allows him to conduct a case in a similar manner to a solicitor, including the ability to instruct experts, barristers and to issue proceedings.

Reported/Notable Cases:

• W v W [2023] – High Court. Counsel for the father, convicted of fraud and imprisoned in Australia. Father allowed contact with his children, to progress to unsupervised upon release from prison.

• R v RJ [2023] – Counsel for the defendant and instructed privately. Defendant a jeweller, well known in Hatton Garden circles charged with money laundering (over £100,000 worth of Rolex watches). Defendant acquitted after submissions to the judge from counsel, following cross-examination of the defendant by the prosecution.

• R v KC [2023] – Counsel for the defendant instructed by ABV solicitors. Defendant charged with sexual activity with a child. Prosecution had potentially incriminating evidence of pictures and messages between the defendant and the alleged victim. Defendant’s case was that he could not remember anything occurring but that he would not do such a thing. Defendant acquitted after trial.

• GM v GMP [2023] – unusual appeal against the revoking of a shotgun certificate and seizure of the appellant’s shotgun. Appellant alleged to have threatened his partner’s father’s new wife in terms that he would shoot her in the head. Counsel instructed privately by the appellant. Following written submissions from counsel on the evidence and the Law and submissions before the Recorder of Manchester, GMP restored his shotgun to him and re-instated his licence.

• M v B [2022] - Counsel for the father. Mother previously abducted child to Poland. Child returned; significant findings made against the mother; child to live with father and have supervised contact only to mother.

• J v J [2021] - Counsel for the husband involving complicated Self-Administered Pension Scheme and allegations against the husband of hidden assets not ultimately found proved.

• H v R [2021]- Counsel for the German wife, who wished to relocate to Germany with her partner and child. English father resisted the same. Child allowed to be relocated to Germany.

• LG v LG [2020] - Counsel for the mother against Silk initially. Allegations by the mother of significant physical violence through third parties, and mental health issues. Significant findings made against the father.

• A v G [2020] - Counsel for the wife against Silk. Mr Vollenweider ran a Xydhias concluded agreement argument – case settled.

• L v L [2020] - Counsel for the mother, a television celebrity, against Silk. The father sought shared care of the children. Successfully prevented the same.

• 2018 - 2019 - Counsel on paternity leave/sabbatical

• E v T [2018] - Counsel for the wife, who was a partner of her own Solicitors’ Firm, such instruction being an endorsement of counsel in itself.

• O v O [2017] – Leading counsel for the wife in financial remedy proceedings involving a multi-million pound trust. Wife secured 83.5% of the capital assets.

• M v M [2017] – For the husband. Wife alleged husband worth £75 million. Case settled with Wife receiving less than £1million in capital assets.

• R v DM [2017] – Rape re-trial. For the defendant running defence of consent and fabrication based upon complainant’s upset that defendant had called her names. Injuries to complainant, torn thong, text messages at time from complainant seeking help. Defendant acquitted. Mr Vollenweider did not represent the defendant at the original trial.

• G-P v P [2017] –Very short marriage. Husband proceeded without leading Counsel, who had previously advised him on his case, and instead instructed Mr Vollenweider alone. Allegations of damage to wife’s business not found proved. Wife received less than 15% of the gross value of the FMH.

• V v V [2017] – Represented the wife - application to re-open final hearing on basis of husband’s dishonest non-disclosure of multi-million pound inheritance granted – Wife secured 100% of the capital assets and increased maintenance.

• B v H (SW applying to intervene) [2016] – against Nicholas Bowen K.C. for SW – application by SW, a million pound creditor, to intervene in a financial remedy case refused.

• J v J [2016] – financial remedy case for the husband alleged to have dissipated huge sums of money – wife equal shareholder in companies - against Farrer & Co, led by the Honourable Mr Justice Francis K.C. until his appointment.

• R v TH [2016] – Leading junior Counsel for the defence in a £12 million Proceeds of Crime Act 2002 application following a conviction for conspiring to assist in the management of brothels by offering a money laundering service to them. TH was not represented by Mr Vollenweider on the original trial. Most of the assets were alleged to be hidden. The prosecution were persuaded that the realisable amount was a mere £175,000 and they abandoned the hidden asset allegation which amounted to £5 million.

• K v S [2016] – Led by the Honourable Mr Justice Nicholas Francis K.C. until his appointment. For the husband, alleged to have committed fraud by submitting a forged financial remedy consent order. Leading handwriting expert, Professor Radley, involved. Mr Vollenweider then appeared without leading Counsel. Issues or privilege involved and a potential referral of the husband to the DPP for prosecution if unsuccessful. Case settled favourably to the husband.

• R v BS [2016] – Leading junior Counsel for the defence, listed for 5 weeks – former police officer acquitted of two counts of fraud

• R v LW [2016] – Leading junior Counsel for the defence, listed for 5 weeks – wife acquitted of money laundering.

• NS-F v SW and FL [2016] – Torts (Interference with Goods) Act 1977 – for the claimant. £250,000.00 AC Cobra restored to its rightful owner.

• Henderson v The Secretary of State for Justice [2015] – Led judicial review case involving human rights and costs – the appeal came before Lord Justice Ryder who preferred Mr Vollenweider’s argument to that of the Silk who previously led him.

• NCA v A [2014] – Proceeds of Crime Act 2002 application sought by the National Crime Agency against a businessman with substantial property interests and companies, and brought after his successful acquittal.

• R v SI [2014] – 4 week trial for the defence at the Central Criminal Court (Old Bailey) concerning an alleged conspiracy to import firearms from Germany; acquitted of possession of a firearm with intent to endanger life.

• Inquest of GB [2014] – for the deceased’s partner; following which Stepping Hill Hospital accepted liability for the negligent care of a patient who subsequently died.

• R v JF [2013] – 4 week trial for the defence, parachuted in the Thursday before the start of the trial on the Monday. Thousands of pages of evidence. 7 day abuse of process argument before Mr Justice Keith – effective trial – acquitted of attempted murder.

• R v JM [2013] – Oxford Crown Court. Grievous bodily harm with intent (stabbing). For the defence – acquitted.

• R v AH [2012] – Leading junior counsel for the prosecution. 5 week trial. Convicted of attempted rape.

• Kosar v Bank of Scotland Plc trading as Halifax (appearing for the appellant) [2011] All ER (D) 08 (May), Divisional Court – alleged harassment by the bank of a debtor

• R v Khan and others (appearing for the appellant) [2008] All ER (D) 212 (Mar), CA (also reported in the Times) – attempted murder conviction appeal

• CPS v Thompson (responding for the Prosecution) [2007] All ER (D) 179 (Jul), Divisional Court

• R v Rampley (appearing for the appellant) [2006] EWCA Crim 2203, CA (re: Sexual Offences Prevention Orders)

• Parry v Halton Magistrates’ Court and another (appearing for the appellant) [2005] All ER (D) 192 (Jun), Divisional Court

• Causey v DPP (appearing for the Director of Public Prosecutions) [2004] All ER (D) 177 (Nov), Divisional Court

Criminal Bar Association Family Law Bar Association Bar Yacht Club National Trust for Scotland

• BSc (Hons) (Psychology) • Lionel Blundell award by The Honourable Society of Gray’s Inn • Kennedy Scholar Shrewsbury Public School