Cases

Past Experience

Regulatory

Tim advises a wide range of professionals faced with allegations of conduct offences.  His expertise covers solicitors, accountants, barristers, doctors, dentists, accountants and insolvency practitioners amongst others.

Solicitors Regulatory Authority and the SDT:

  • Tim has just successfully defended the “Third Respondent” before the Solicitors Disciplinary Tribunal (SDT), securing “acquittals” on a range of charges relating to alleged breaches of the Code of Conduct and the Solicitors’ Accounts Rules relating to the implementation of Stamp Duty Land Tax mitigation schemes (ruling).
  • He also secured the acquittal of Z before the SDT who had faced a raft of dishonesty allegations.  As a consequence of Tim’s submissions, Z was not ordered to pay any costs in that case (ruling).
  • Tim recently appeared in the appeal of SRA v. Chan and Ali (arising again out of the implementation of Stamp Duty schemes) before Davis, LJ and Ouseley J at the High Court and the result of that case is awaited.
  • Tim is presently retained to advise and represent a solicitor arising out of alleged irregularities relating to a training contract.
  • Tim recently secured the waiver of the insurance premium of a solicitors firm which had been assigned to the Assigned Risks Pool.  The waiver enabled that firm to continue in business.

Tim is also instructed on behalf of a leading Insolvency Practitioner in relation to an regulatory investigation concerning allegations of breaches of trust.

Tim advises doctors and accountants in relation to their regulators and has successfully ensured that no enforcement action has been taken against them.

Business Crime

Recently Mr Kendal secured the acquittal of N at the Central Criminal Court on allegations of  a multi-million pound mortgage fraud. Tim has successfully appeared for the defence in R v. G (a multi-million pound international fraud, focused on fine jewellery auction houses), R v. B (a multi-million pound international fraud and money laundering prosecution) and R. v. M (an international multi-million pound corruption case centred on the international oil trade), R.v C (multimillion pound fraud on international bank).

Tim was retained in relation to R v. Marrache (I) for part of the criminal and civil proceedings before the Magistrates and Supreme Court in Gibraltar. This is alleged to be a multi-million pound fraud by a solicitor’s firm in which the client account is alleged to have been plundered.

Tim is presently advising a range of individuals, corporations and professional firms in relation to their obligations pursuant to the money laundering regime (Proceeds of Crime Act, Money Laundering Regulations and various professional codes of conduct).

Criminal Appeals

Tim has appeared for the appellant at conviction appeals relating to the conduct of the Customs and Excise in their investigation and prosecution of criminal cases.  He has appeared in numerous conviction and sentence appeals relating to fraud, money laundering and confiscation.  He was counsel in the leading case of R. v. Briggs Price before the House of Lords.

Civil Asset Recovery

Tim represents a number of defendants faced with civil asset recovery proceedings brought by the National Crime Agency.  Most recently, he is representing a client (who instructs under the barristers’ direct access scheme) who faces tax assessments for hundreds of thousands of pounds.  Direct access has saved the client an enormous sum in legal costs.

International

Tim, who is a fluent Italian speaker, was retained as an expert witness and strategic advisor in Italy v. X in which a UK solicitor had been accused of defrauding the Italian government and the European Community of millions of Euros and alternatively of laundering the proceeds of that fraud. The trial was heard in Sicily. X was acquitted on all counts.

Tim advises Israeli law firms who, on behalf of their clients, require English legal expertise (here).  He is “of counsel” at a New York law firm (here) and a consultant with an Italian law studio.  He is thus equally able to assist clients who require New York law and Italian legal expertise.

General

Quite apart from these areas, he is experienced in all areas of general crime including murder, manslaughter, serious drugs offences, armed robbery and is regularly privately instructed as a leading junior. He has appeared in major and celebrated trials on behalf of the defence over many years including:

  • R. v. Laming – the stun gun” drugs case
  • R. v. Noye (in the Court of Appeal and the European Court)
  • R. v. Wenham (the Greenwich Dome Robbery)
  • R. v. Briggs Price (in the Court of Appeal and House of Lords)

He successfully represented one of the defendants in the Stephen Lawrence murder case – appearing at the magistrates court and the Central Criminal Court in that case. In addition, he appeared at the Stephen Lawrence Public Inquiry on behalf of one of the suspects.

Mr. Kendal has lectures on bribery and corruption, FCA enforcement, money laundering and the interface between civil and criminal law in the area of fraud, restraint and asset recovery.

He is a Fellow of the Society of Advanced Legal Studies.

He is a Legal Advisor to the General Medical Council and the Nursing and Midwifery Council.

Recent Advisory Cases

  • Advice to various solicitors and accountancy firms regarding their reporting duties under the Proceeds of Crime Act 2002
  • Advice to foreign based corporate which had been the victim of fraud in the UK
  • Representation/advice to suspect concerning allegations of international corruption.
  • Advice to officers of publically listed company regarding possible listing breaches, independent investigation and self-reporting steps.
  • Advice to individual whose assets were frozen pending an international investigation of his estate. Investigating authority withdrew allegations and restraint order quashed.
  • Advising a leading firm of solicitors regarding the discovery of possible fraudulent conduct in the regulated sector.
  • Advice and representation to an individual arising out of a purported breach of a company director disqualification.  Advice provided in relation to past conduct giving rise to the disqualification, the conduct alleged to have amounted to the breach of the disqualification, consideration of the possibility of criminal proceedings and the provisions of the Company Directors Disqualification Act 1986.
  • Advising an FSA-regulated firm in relation to enforcement activity and proceedings arising out of alleged off-shore “boiler room” activity.  Advice touched upon issues of disclosure, privilege, confidentiality and compliance with FSA rules relating to realtime/non-realtime financial promotions.  As a consequence of advice given, certification proceedings instituted by the FSA against the firm have now been withdrawn.
  • Advice relating to dealing in securities whilst potentially in possession of inside information; consideration and advice on the Criminal Justice Act 1993 and the possible defences
  • Advice to plc relating to the discovery by in-house counsel of a possible fraud by the business.  Advice extended to appropriate action regarding independent investigation, reporting, money laundering issues, mitigation of the position, corporate governance issues and proper approach of in-house counsel.
  • Advice urgently sought at sensitive moment in negotiation for complex structured purchase of a multi-million pound property portfolio.  Issues included potential breaches of planning legislation, possible mortgage and revenue frauds, money laundering considerations (including reporting under POCA)
  • Advice urgently sought regarding the differential approach to civil tracing (in an action for monies had and received) and the request for compensation to be made against the same defendant following a criminal trial
  • Disciplinary proceedings before the General Medical Council following a criminal conviction arising out of the same set of circumstances as had formed the prosecution case at trial.
  • Advice to X regarding compliance with a restraint order imposed upon business partners. Complexity increased due to undocumented joint interests in property and accounts.
  • Advising and appearing on an appeal against an assessment for outstanding VAT before the VAT tribunal in the context of an international MTIC Fraud.