Recommended for heavy criminal cases requiring good strong advice and advocacy 
The Legal 500, 2009
For many years prior to being appointed Queen's Counsel in 2010, Brian O'Neill QC was consistently recommended by both Chambers UK and The Legal 500, amongst other industry guides, as one of the leading juniors at the Criminal Bar. Now in his third year of Silk, his practice spans serious crime, fraud and business crime, and regulatory law.
Crime
Brian continues to be instructed both to defend and to prosecute in equal measure, in cases of serious and organised crime. He is instructed in high-profile cases of murder, terrorism, armed robbery, drugs and firearms by leading London defence solicitors, as well as the Crown Prosecution Service's specialist units.
He is regularly instructed to represent high-profile individuals, professionals, and sportsmen (including a number of Premiership footballers) who face criminal charges.
Fraud and Business Crime
Throughout his career Brian has particularly been sought after in "paper heavy” and substantial multi-handed cases where his diligence, analytical skills and attention to detail are highly valued. These skills, acquired over many years as a leading junior in crime and fraud cases, have led to his being instructed as Silk in a number of cases involving serious financial crime. In addition to his work for defence solicitors, he is also regularly instructed by the CPS Central Fraud Group.
He also advises corporate clients in this jurisdiction and abroad on fraud and business crime issues. In the last year he has advised a US company as to possible criminal offences which may have been committed by the directors of a UK company it intended to purchase. He has also recently advised a Danish company and its directors in respect of their liability in this jurisdiction (whilst also having to take account of possible concurrent proceedings in other jurisdictions) for alleged corruption offences arising out of attempts to secure a United Nations contract in Africa.
Regulatory Law
Brian also advises and appears in cases concerning regulatory law and professional discipline. He undertakes cases before the General Medical Council, the Solicitors' Disciplinary Tribunal, the Accountancy & Actuarial Discipline Board and the PhonepayPlus Tribunal, amongst other regulators.
Brian has represented the Criminal Bar over several years as a member of the Bar Council, and previously served as Secretary of the Criminal Bar Association.
Notable Cases
| Case name |
Rahman |
| Appearance |
Defence |
| Category |
Terrorism |
| Detail |
R and eight others were accused of a number of terrorist offences including a plot to blow up the London Stock Exchange, and another plan to establish a terrorist training camp in Pakistan. The defendants pleaded guilty after the jury had been sworn; Rahman received the lowest sentence of all the defendants. |
| Case name |
N |
| Appearance |
Defence |
| Category |
Murder |
| Detail |
Successful defence of N who was accused of storing firearms for members of the "London Fields" gang who had murdered a young female in a notorious shooting. |
| Case name |
Y |
| Appearance |
Defence |
| Category |
Murder |
| Detail |
Y and a number of others were accused of the murder of another man following a dispute at a house party. The case was tried at the CCC between November 2010 and March 2011; Y was acquitted of all charges. |
| Case name |
M |
| Appearance |
Defence |
| Category |
Murder |
| Detail |
M was accused of the murder of a man who had been "grooming" him; M was acquitted of all charges. |
| Case name |
D |
| Appearance |
Defence |
| Category |
|
| Detail |
D and a number of others were accused of the murder of another man following a dispute over D allegedly selling drugs to local children. D was acquitted after an eight week trial. |
| Case name |
Johnson and others |
| Appearance |
Prosecution |
| Category |
Armed Robbery |
| Detail |
The 30 defendants were members of a gang of professional criminals which carried out more than thirty robberies of jewellers throughout England stealing several millions of pounds worth of watches and other items. The defendants stood trial during the course of 2010 in one of the largest prosecutions ever brought by the Metropolitan Police Flying Squad. Brian was subsequently named 'Times Lawyer of the Week' in recognition of his involvement in the case. |
| Case name |
G |
| Appearance |
Defence |
| Category |
Murder |
| Detail |
G and a number of others were accused of the murder of a Jamaican drug dealer following a dispute over a cocaine deal that had gone wrong. It was alleged that the defendants had shot the deceased and then burned his body in an attempt to conceal the crime. G advanced a “cut-throat” defence and was acquitted.
|
| Case name |
Pitayatanakul and others |
| Appearance |
Prosecution |
| Category |
Trafficking for the purposes of prostitution |
| Detail |
The defendants (there were 10 of them) were accused of trafficking women for the purposes of controlling prostitution. The gang (all of whom were Thai nationals) operated under the guise of a major London “escort agency”. Following lengthy negotiations and discussions all of the defendants pleaded guilty.
|
| Case name |
Shosanyaya |
| Appearance |
Defence |
| Category |
Murder |
| Detail |
S was accused of the murder of a French student, on holiday in London, outside a Soho nightclub.
|
| Case name |
Dixon and others |
| Appearance |
Prosecution |
| Category |
Armed Robbery |
| Detail |
The defendants were members of a gang which carried out more than twenty armed robberies of cash in transit custodians in London and South East England. On more than one occasion shots were fired and security staff were injured. Shortly before their trial the defendants pleaded guilty.
|
| Case name |
Quinn |
| Appearance |
Defence |
| Category |
|
| Detail |
Premiership footballer charged with assault following altercation with fans from rival club.
|
| Case name |
Bowyer |
| Appearance |
Defence |
| Category |
Public Order |
| Detail |
Ground breaking prosecution of Premiership footballer charged with criminal offence following brawl with team-mate during Premier League match.
|
| Case name |
McGlynn |
| Appearance |
Defence |
| Category |
Drugs |
| Detail |
Successful defence of Bay City Rollers guitarist, Patrick McGlynn, in major cocaine trial.
|
| Case name |
Milroy-Sloane |
| Appearance |
Defence |
| Category |
Perverting the course of justice |
| Detail |
Woman who accused Neil and Christine Hamilton and others of raping her
|
| Case name |
Operation Triassic |
| Appearance |
Prosecution |
| Category |
Fraud |
| Detail |
The defendants (solicitors, doctors and other professionals) were accused of defrauding insurance companies in the course of personal injury litigtation conducted on a conditional fee basis. On the advice of counsel the prosecution offered no evidence prior to trial. |
| Case name |
Bello & Others |
| Appearance |
Prosecution |
| Category |
Fraud |
| Detail |
The defendants, who included a practising solicitor, were convicted of operating an immigration fraud using a bogus college and a wealth of false documentation to make applications for indefinite leave to remain based upon long residency. |
| Case name |
Sacks |
| Appearance |
Prosecution |
| Category |
Fraud |
| Detail |
S was one of the country’s leading cancer surgeons. It was alleged that he had defrauded private health insurers by submitting hundreds of bills over a number of years claiming for surgical procedures which had not been carried out. |
| Case name |
Al Fadhly and others |
| Appearance |
Prosecution |
| Category |
Insurance fraud |
| Detail |
The defendants (of whom there were 10) were a group of fraudsters who staged and invented a series of motor vehicle accidents in order to make false claims from the insurance industry for loss, damage and personal injury arising therefrom.
|
| Case name |
J |
| Appearance |
Defence |
| Category |
VAT fraud |
| Detail |
Loss to Revenue of at least £25million in a “missing trader” fraud relating to the purchase and sale of mobile telephones.
|
| Case name |
R |
| Appearance |
Defence |
| Category |
Money Laundering |
| Detail |
Laundering of proceeds from a mortgage fraud and the Cheney Pension Fund fraud. Indictment stayed following submissions on duality of prosecution, delay and non-disclosure.
|
| Case name |
D |
| Appearance |
Defence |
| Category |
Money laundering |
| Detail |
Police “sting” and undercover operation in UK and Gibraltar. Millions of £s sent via bureaux de change in London. Police tactics ruled illegal after months of legal argument, indictment stayed as a consequence.
|
| Case name |
Johnstone |
| Appearance |
Prosecution |
| Category |
Trademarks |
| Detail |
House of Lords’ decision on statutory interpretation of criminal provisions of Trademarks Act 1994
|
| Case name |
ZXC |
| Appearance |
On behalf of Regulator |
| Category |
Accountancy Regulation |
| Detail |
Instructed by the AADB to advise on proceedings against an accountant arising out of the collapse of Equitable Life. |
| Case name |
VBN |
| Appearance |
On behalf of Regulator |
| Category |
Accountancy Regulation |
| Detail |
Instructed by the AADB to advise on proceedings against an actuary arising out of the collapse of Equitable Life. |
| Case name |
Transact |
| Appearance |
Defence |
| Category |
Telecommunications Regulation |
| Detail |
Representing major provider of "adult" telephone services in proceedings before the PhonepayPlus Oral Hearing Tribunal and on appeal to the Independent Appeals Body. |
| Case name |
MLK |
| Appearance |
Defence |
| Category |
Healthcare Regulation |
| Detail |
Representing medical doctor accused by GMC of having taken advantage of a patient by defrauding him when treating him for a serious illness. |
