Jonathan Kinnear QC

Jonathan Kinnear QC

"Hard as nails yet fair-minded. Extremely knowledgeable and responsive to the nuances in a case."

Legal 500 2021
Year of call: 1994 (Northern Ireland 1996) QC: 2012
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

Public Prosecution

Jonathan is a leading prosecutor in the area of fraud and financial crime and is instructed in the largest cases brought by the SFO and the specialist groups of the CPS.

Notable Cases:

Instructed by the DPP’s Strategic Policy Advisor to provide advice on the prosecution of individuals using video conferencing facilities to view and distribute indecent images of children.

R v James Ibori & Others

Acting for the Crown in the appeal and confiscation proceedings in respect of the former Governor of the Delta State Nigeria.

R v Bertling & Others

Acted for the SFO in the successful prosecution of Bertling and 6 Directors and employees in respect bribes paid to a high ranking official of Sonangol, the Angolan national oil company, in order to secure lucrative freight forwarding contracts.

SFO v Z [2016] Lloyd’s Rep. F.C. 157

Acted for the SFO in the investigation and restraint proceedings against the former Ukranian Minister for natural Resources.

Operation Fastback – R v C & Others

Widely reported as the largest VAT fraud ever prosecuted, with an estimated loss to the Revenue of £365 million. Jonathan led two juniors on behalf of the Crown. An enormous case with 50,000 pages of statements and exhibits and millions of pages of unused material. The defendants eventually pleaded guilty 2 weeks into the listed trial. The case received substantial publicity in the national TV and print news.

R v Marsden & McIntosh [2011] EWCA Crim 1501; [2011] 4 All E.R. 917; [2011] S.T.C. 2349; [2012] 1 Cr. App. R. (S.) 60; [2011] Lloyd’s Rep. F.C. 577; [2011] Crim. L.R. 814; [2011] S.T.I. 1940;

The leading case in relation to the calculation of realisable and hidden assets. Jonathan was leading counsel for the Crown in an appeal to the Court of Appeal in relation to 2 confiscation orders of £3.6 million each. The case involved a reconsideration of a number of the leading authorities in respect of realisable and hidden assets, in particular RCPO v Telli. The court clarified the test in relation to the calculation of hidden assets and the case is now the leading case on the topic  The orders were upheld.

R v Sander [2009] EWCA Crim 2377; [2010] 1 Cr. App. R. 20 (p.285), [2011] 1 Cr. App. R. 6.

Jonathan led for the Crown in the prosecution of Mr Sander in relation to the laundering of £7 million that was the proceeds of MTIC fraud. At the initial trial the jury were tampered with and the Judge ruled that he would complete the trial without a jury. This was the first time that such an order had been made under the new law. There followed 2 interlocutory appeals, both heard by the Lord Chief Justice. The case was eventually heard by the Recorder of Birmingham with a protected jury. The defendant was convicted on all counts.

R v Ahmed & Ahmad [2012] EWCA Crim 391; [2012] S.T.I. 546.

A confiscation case that resulted in orders of £184 million being made, the largest ever in the UK and which eventually made it to the Supreme Court. In proceedings that have lasted over 10 years Jonathan acted for the Crown and in 2017 obtained enforcement orders in the High Court in respect of millions of pounds worth of property.

Operation Decade, R v Warman & Others

Jonathan led two juniors in the successful prosecution of an accountant and two property developers charged with evading over £1 million in income tax, through the double manipulation of their accounts and tax returns. The case involved the management of over one million pages of unused material and extensive evidence from forensic accountants. Jonathan conducted the confiscation proceedings at first instance and in the Court of Appeal, leading to an order of over £1 million.

R V B[2017] EWCA Crim 534; [2017] 1 W.L.R. 4071; [2017] 2 Cr. App. R. 25; [2017] Lloyd’s Rep. F.C. 297; [2017] L.L.R. 607;

Instructed by the DPP to intervene in proceedings in the Court of Appeal in respect of a private prosecution brought by a local authority.

 

Malicious Prosecution

Over the last five years I have represented the Crown Prosecution Service, instructed by the Government Legal Department, in all its high-profile malicious prosecution cases.  This includes cases that have gone to trial, those that have settled and others in which, although the CPS were not parties, they were third parties and were heavily involved in the litigation either because employees or former employees were witnesses and/or there were significant disclosure issues.  Many of the cases have also involved claims for misfeasance in a public office, conspiracy to injure by unlawful means and breaches of Article 6.

Notable Cases:

Rudall v CPS [2018] 11 WLUK 553

Acted for the CPS in a multi-million pound claim brought by a former solicitor who had been unsuccessfully prosecuted twice by the CPS for serious fraud offences over a period of over 10 years.  The claims were dismissed following a 2-week trial in front of Lambert J.  This is the leading case in respect of malicious prosecution claims brought against prosecuting authorities.  Dealt with significant strike-out and summary judgment applications and a huge disclosure exercise.

Dunn and Higgins v CPS

Conrad Jones v CPS

Acted for the CPS in claims brought by two individuals whose convictions for murder where quashed on appeal, having served 11 years in custody.  Settled the case on a confidential basis following protracted negotiations with the Claimants counsel.

In a satellite case Mr Jones had been convicted of perverting the course of justice and had served several years in prison, prior to his conviction being quashed.  Negotiated a settlement.

Coghlan v CPS – [2018] EWHC 1784 (QB)

Acted for the CPS in high value claims brought by Claimant following his acquittal for murder. Claims were struck out by Yip J.

Mouncher and others v South Wales Police – The Lynette White Case

Although the CPS were not a party to the proceedings they were heavily involved as a third party.  I was responsible for drafting witness statements, advising witnesses, devising strategies and completing a disclosure exercise for the civil trial.  Thereafter I was also responsible for advising on the CPS approach and response to the independent review conducted by Richard Horwell QC.

Khan, Khan and Khan v CPS

Acted for the CPS in claims brought by three defendants who had been acquitted of conspiracy to murder.  The case was prepared over the course of three years, including numerous interim applications and a vast disclosure exercise.  Having pushed the strength of the CPS position the Claimants dropped their claims shortly before trial.

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