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.
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).
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.
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.
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.