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QEB News: Tom Kark QC and John Lynch train the GMC legal team in Manchester
31.10.2016 More >

John Lynch

Call 2008

BA MA Pg Dip (Law) BVC

Practice: Financial Crime, Crime and Regulatory

Summary:

Crime:

Prosecuting and defending as a sole junior and led junior in the Magistrates’ Court, Crown Court and Court of Appeal. Work on a wide variety of cases, including kidnap, grievous bodily harm, sexual assault, robbery, immigration offences, road traffic matters, fraud and drugs.

R v Motin & Ors (2013)

Prosecution junior in a six-week trial at Blackfriars Crown Court. The three defendants were charged with conspiracy to cause grievous bodily harm following an acid attack on a woman in West Ham. All defendants were convicted and received sentences ranging from fourteen to sixteen years’ imprisonment.

R v Creed (Adam) [2011] EWCA Crim 144

Appeared as sole junior for the Crown in a landmark case. The Court of Appeal found that the bad character provisions in the Criminal Justice Act 2003 are applicable to proceedings where a defendant has been found unfit to plead.

R v Slowey [2010] EWCA Crim 17

Successful appeal against a sentence of 30 months’ imprisonment for two offences of possession of controlled drugs with intent to supply. The Appellant’s sentence was reduced to 24 months’.

R v McLean & Ors. (2009)

Prosecution junior in a three-week multi-handed kidnap and false imprisonment trial before HHJ Barnes at Kingston Crown Court.

Financial Crime:

FCA investigation (2014)

Instructed by the Financial Conduct Authority to act as independent counsel reviewing documents following an investigation into a spread-betting firm.

SFO investigation (2014)

Instructed by a Magic Circle law firm to review internal investigation documents due for disclosure to the SFO, and to advise on issues of legal professional privilege.

Secondment to Peters & Peters LLP from April to December 2011 to advise a large French multinational under investigation by the Serious Fraud Office (SFO). Initially worked as part of the disclosure team following service of numerous notices by the SFO. From June 2011 work involved regular travel to France and review of documents in French, followed by advice to the client on liability under UK and international anti-corruption and money-laundering legislation.

Secondment to the Powers Team in the Enforcement Division of the Financial Services Authority (FSA) from July 2012 to March 2013 involving policy advice on EU financial services measures (such as the Market Abuse Regulation and the Insurance Mediation Directive) and advice on revisions to legislation and guidance prior to the creation of the Financial Conduct Authority. Regular input into the policymaking process in discussions with HM Treasury, and broad-ranging experience of enforcement work by the FSA in the regulatory, civil and criminal fields.

Regulatory

Prosecution

  • Instructed by Capsticks, Field Fisher Waterhouse and others to appear in conduct hearings before the Conduct Committees of the General Dental Council, the General Social Care Council and the General Chiropractic Council. Instructed by the Security Industry Authority to respond to appeals against licensing decisions.
  • Secondment to the General Medical Council from May to September 2013 to advise on investigations into pathologists criticised in the report of the Hillsborough Independent Panel, and to provide advice to the Assistant Registrar under the “five-year rule.”
  • Instructed by the Gambling Commission to advise on policy revisions and to represent the Commission in contested reviews of operating licences and personal management licences.

Defence

  • Instructed by the Royal College of Nursing (RCN) and others in numerous cases before the Conduct and Competence and Health Committees of the NMC and in appeals before the Administrative Division of the High Court.
  • Instructed to represent professionals before the committees of the Health and Care Professions Council and the GMC.

For example:

  • NMC v Hitchenor [2012] EWHC 3565 (Admin)

Successfully opposed application to extend interim suspension order. Obtained costs against the regulator.

  • R (on the application of the NMC) v Raji [2010] EWHC 3691 (Admin)

Successfully opposed application to extend interim conditions of practice order for twelve months; order was extended for only six months.

Public Law/Human Rights & Other Areas

From April to October 2010, instructed by the Foreign and Commonwealth Office as a disclosure junior in Al Rawi & Ors. v The Security Service & Ors. , an action for damages brought by a number of British nationals and residents formerly detained in Guantanamo Bay. HM Government identified over 500000 documents which were potentially relevant to the litigation.

In addition, instructed in numerous extradition matters, in an application before the County Court for an Enforcement Order under the Enterprise Act, in licensing hearings before borough licensing boards, and in exclusion proceedings before a School Board of Governors. Recently instructed to represent a large company in a dispute regarding capital allowances before the First Tier Tribunal (Tax).

October 2014-July 2016: Associate, Financial Conduct Authority (FCA)

Oversight of an investigation into two approved persons accused of dishonesty and misleading the regulator. The investigation involved gathering evidence by means of information requirements and compelled interviews, drafting lengthy investigation reports and presenting our findings to the Regulatory Decisions Committee of the FCA.

Settlement of a case involving three “Significant Influence Function” Holders at Swinton Insurance. The individuals agreed to accept prohibitions and to pay fines totaling over £900,000

October 2007-October 2008: Pupil Barrister, QEB Hollis Whiteman, London

Main tasks: Representing clients at a variety of hearings (mentions, applications, trials and sentencing hearings) before the Magistrates’, Youth and Crown Courts and carrying out research for senior members of chambers into various areas of criminal and regulatory law.

July-December 2006: Lawyer-Linguist, European Court of Justice, Luxembourg

Main tasks: Translation (from French and Italian into English) of Judgments of the European Court of Justice and European Court of First Instance, Reports for the Hearing and Notices for the Official Journal of the European Union.

Professional Experience – Non Legal

January-September 2007: Political Officer, European Commission Representative Office for the West Bank & Gaza, Jerusalem

Main tasks: Meeting a variety of political figures, political analysts, diplomats and representatives of non-governmental organizations in the occupied Palestinian territory, and reporting on the Palestinian political situation and the Middle East peace process to the EU Ambassador and the Commission Directorate-General for External Relations in Brussels.

July 2003-June 2004: Stagiaire, Permanent Representation of Ireland to the EU, Brussels

Main tasks: Assistance to the Ambassador during Ireland’s Presidency of the European Union; preparing briefs for COREPER (Committee of Permanent Representatives) and Council meetings; reporting on meetings of COREPER and Council; general administrative tasks, translation and research.

Publications & Training

“Suspended Sentences” in Westlaw Insight Online Encyclopaedia, October 2012

Address to the Society of Chiropodists and Podiatrists Annual Conference: “Giving Evidence in Court and Cross-Examination”, October 2012

“The new EU financial supervision architecture: Too little, too late, too light?”, The Regulator, Winter 2010

“Hello Doli? The Case for the Return of a Lost Presumption”, Archbold Review, December2010

Address to Regulation of Healthcare Professionals Conference: “Whistle-blowing, disclosure and patient confidentiality”, September 2009

Advocacy Training for Police Federation Representatives from West Yorkshire, Cleveland, Northumbria, Greater Manchester and Surrey

Scholarships & Awards

South-Eastern Circuit Scholarship to attend Florida Advocacy Course (2012)

William Shaw award (worth £9 350) from Gray’s Inn for the Bar Vocational Course (2005

Scholarship (worth £10 000) from the Irish Department of Education for an MA in European Political Administrative Studies at the College of Europe, Bruges (2002

Prizes (worth £4 000) from the Luxembourg Ministry of Culture, Higher Education and Research given during the course of undergraduate and postgraduate studies (2001-2006)

Education

2005-2006 BPP Law School, London

Bar Vocational Course

2004-2005 BPP Law School, London

Graduate Diploma in Law

2002-2003 College of Europe, Bruges

MA European Political and Administrative Studies

2001-2002 Institut d’Etudes Politiques de Paris (Sciences Po)

Cycle International d’Etudes Politiques

1998-2001 University of Oxford (St Peter’s College)

BA Philosophy, Politics & Economics

1985-1997 European School, Luxembourg

European Baccalaureate

Languages

English: Mother-tongue

French: Fluent written and spoken

Italian: Good working knowledge

Notable cases:

GSCC v Robinson (2010)

Social Worker - Improper relationship

NMC v Hendry (2009)
Improper relationship with patient

R v Ayed & Al_Nashed (2008)
Assisting unlawful entry to the UK

Northampton Borough Council v Trigger (2008)
ASBO hearing

R v McLean & Others (2008)
Kidnap and false imprisonment

'Special reasons' application
'Special reasons' application

R v Slowey
Court of Appeal

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