2 Bedford Row

Peter Lodder QC is the Immediate Past Chairman of the Bar Council of England and Wales.

Peter has been recognised as a leading barrister in the fields of complex fraud and serious crime for many years. He has been described in the Legal 500 and Chambers and Partners professional directories as:

"utterly reliable",

"the real McCoy", 

"a robust and highly regarded defence and prosecution practitioner, with the ability to master baffling reams of complex information and present them in a logical, flowing way in the courtroom" and 

"hailed for his ability to diffuse the most tense situations".

He has a substantial practice in serious and complex fraud and a heavy workload in general crime: murder, drugs and confiscation. He also undertakes Regulatory work and high profile road traffic cases.

Peter is currently defending in the substantial Financial Services Authority prosecution of insider dealing allegations at major London Banks - Operation Saturn (R v P).

In forthcoming hearings he is instructed to represent the principal defendant (the Managing Director) in allegations of corrupt payments to an executive at British Petroleum (BP) for diving contracts (R v T), and to appear in the Supreme Court in Eire in proceeds of crime proceedings.

Recently he successfully represented a city director in a money laundering allegation of £300 million (R v RY), a German multi-national pharmaceutical company in the SFO attempt to prosecute a cartel (Operation Holbein), and advised an English  businessman in the SFO oil for food investigation. He also advised a senior executive of a South American Company in the SFO investigation into corruption regarding World Bank payments and MacMillan publishing. He represented a Company Director prosecuted by the SFO for corruption through the activities of the Learning Standards Council. He defended in the first major sanctions breaking case (R v J) and acted for the acquitted defendant in the "Body Parts" murder (R V SB). In his prosecution work he has acted for the Crown Prosecution Service, HM Customs and the Serious Fraud Office. His practice in driving cases has included acting for Colin Montgomerie, Jimmy Carr and Ingrid Tarrant.

He has lectured at many seminars and conferences in the UK and abroad. He has spoken on the UK Bribery Act 2010, the Corporate Manslaughter and Corporate Homicide Act 2007, Corporate Criminal Liability, The Rule of Law and International Arbitration procedures in Moscow, St Petersburg, Kiev, Beijing, Tianjin, Toronto, Dubai, Abu Dhabi, Oman, Qatar, Berlin, Hyderabad and Kolkata.

Peter's skill and leadership has been recognised by his professional colleagues. He was elected as Chairman of the Criminal Bar Association in 2008/9,Vice Chairman of the Bar in 2010 and Chairman of the Bar in 2011.

Peter often appears on national radio and television news broadcasts to comment upon high profile criminal cases and on changes in the law. He has contributed to current affairs programmes such as 'Unreliable Evidence', 'Law in Action' and 'The One Show'. He has provided commentary for many national newspapers and legal journals. The Times of London has conducted two detailed interviews with Peter published on 11^th September 2008 and 2^nd December 2010.

In May 2011 Peter was a speaker at the Plenary Session of the Inaugural St Petersburg International Law Forum. He shared the platform with Russian President Dmitry Medvedev, former German Chancellor Gerhard Schroeder, Russian Justice Minister Alexander Konovalov and Valery Zorkin the President of the Russian Constitutional Court. Peter spoke on the 'Role of Law as an Instrument of Secure Development', and the human rights consequences of recent measures to combat the financing of terrorism.

He has been QC since 2001 and a Recorder  (part time Judge) of the Crown Court since 2000. He was called by Middle Temple in 1981, he is a Jules Thorn Major scholar and a Blackstone Exhibitioner. He was elected a bencher in 2010. He is an accredited advocacy trainer and is authorised to accept direct access instructions.

Other examples of his work are:

FRAUD AND MONEY LAUNDERING

Re GB (2009)

Advising businessman who is the subject of an SFO investigation into the United Nations Food for Oil programme in Iraq.

R v Generics UK (Southwark Crown Court 2006-8)

Largest ever SFO prosecution (Operation Holbein) for alleged conspiracy to defraud the NHS through the operation of a cartel in the pharmaceutical industry. Successful submissions eventually led to prosecution being stopped before a jury was sworn.

R v Farrow (2007 1 Cr App R (S) 90)

Court of Appeal authority on appropriate levels of sentencing in money laundering ases and on whether the Court of Appeal Criminal Division is bound, on a reference of the Attorney-General, to honour th Goodyear indication given by the first instance Judge. 

Carousel/missing trader VAT fraud: R v H & ors (Stafford Crown Court 2005)

An elaborate structure of companies involving "missing" and "buffer" companies in the mobile telephone market. Multi-million pound payments to off-shore traders said to be the suppliers of the telephones into the fraudulent trade. Further allegation of the diversion of funds and the falsification of accounts to avoid the effects of freezing orders.

Construction industry Inland Revenue Fraud: R v Downes & ors (Southwark Crown Court 2004)

Fraudulent obtaining of substantial tax repayments diverted from sub-contractors of many building companies. Prosecution of building "middle-men" and accountants. Monies traced through nominee bank accounts in this country and then transferred abroad. Arguments as to whether identified repayments were in fact fraudulent. Issue over extent to which crown could prove the loss.  

Legal Aid Solicitors' fraud: R v Moreton (Bristol Crown Court 2002-3)

Part of the Robinsons' cases. Trial of 14 months duration. Fraud on Legal Aid  fund through vehicles of Green Forms and the exaggeration of criminal bills - prosecution of solicitors and employees. The partners were alleged to have participated directly in the fraud  and to have benefited indirectly, as partners, from the receipt of profits.

Solicitors' Accounts fraud: R v Teenan (Southwark Crown Court 2002)

Withdrawal of funds from client accounts.  Covering up by means of teeming & lading & the falsification of documents of account, bank statements etc.

Corporate finance fraud/Serious Fraud Office: R v Cairns, Sawtell  & Ors (Central Criminal Court & Court Of Appeal 2000-1)

Creation of multi-million pound office, transportation and distribution empire with associated stockbroking arm. All purchased using commercial lenders & venture capitalists. Achieved by deception of valuers and other professionals. Two of the defendants were solicitors who were used to provide fraudulent undertakings. In the course of preparatory hearings interlocutory applications to the Court of Appeal - which was required to rule upon the extent to which Art 6 ECHR and Saunders v UK prohibits answers by receivers (outside the directly compellable statutory structure) from being adduced in evidence.

Property sale/lease Inland Revenue fraud: R v Jenkins & Ors (Kingston Crown Court 2001)

The acquisition and letting of substantial property portfolio, use of false identities and descriptions to avoid capital gains tax and income tax.

Diversion (VAT) fraud: R v Aarons (reported as Martin & Ors 2002 Crim LR 227)

Major inward & outward diversion fraud (Methuselah) involving production, road haulage and warehousing companies in UK and abroad - alcohol and cigarettes. Largest ever confiscation orders (in excess of £30m)  in the Court of Appeal  authority on relevant confiscation regimes.

Diversion (VAT) fraud: R v Freeman (Southwark Crown Court 2000)

Importation and recycling of tax free cigarettes

Money laundering:  R v Lindner & Shaw (Inner London Crown Court & Court of Appeal 2000, 2001) Prosecution in which the principal defendant case was a highly trusted and formerly successful money launderer.  Court of Appeal on admissibility of previous travel records.

Franchising fraud: R v Michael (reported as Hancock & Ors 1996 2 Cr App R 554 CA)

Court of Appeal authority on directions to jury regarding particulars in a conspiracy to defraud. Acted for sales director in satellite TV company. Related to extent to which market research and representations as to profitability may be relied upon.

Insider dealing fraud: R v Rowlands (reported as Gray & Ors 1995 2 Cr App R 99 CA)                                  

Acted for Corporate Finance Executive from major city bank. DTI prosecution. Case involved alleged passing of price sensitive information on Plc merger bids.

SANCTIONS BREAKING

R v Jaitha (Southwark Crown Court 2009)

The first major prosecution in the UK for the export of weapons equipment (to Iran) in contravention of domestic legislation to implement UN sanctions.

MURDER/MANSLAUGHTER

R v GA (Central Criminal Court 2007)

Defendant charged with murder who had a conviction for murder from over twenty years before. Although objected to, the evidence of this earlier conviction was adduced before the jury. After two hung juries on this later allegation he was formally acquitted.

R v Negatin  (Chelmsford Crown Court 2007)

Gross negligence manslaughter prosecution of internationlhaulier. Concealedi llegal immigrants in refridgerated trailer unit - some of whom died intransit. Issues of jurisdiction arose as to whether the deaths occurd in UK territorial waters.

Juvenile Manslaughter: R v Cherry

Court of Appeal on appropriate sentence on a 15 year old for unlawful act manslaughter in schoolboy prank which went badly wrong.

And many other murder trials.

HEALTH AND SAFETY

Corporate manslaughter: R v English Brothers Ltd (2001)

Appeared for Company Director of construction company in corporate manslaughter proceedings brought by Health and Safety Executive.

EXPERT EVIDENCE

DNA Analysis: R v Mitchell (reported in The Times 21^st June 2004)

Court of Appeal authority on extent to which reliance may be placed upon expert opinion in DNA analysis.

DRUGS

Serious crime/jury selection: R v Comerford 1998 1 Cr App R 235

Court of Appeal authority on circumstances under which in serious crime, here a major importation of class A drugs, a Judge may swear a jury anonymously and order high level protection.

FAIR TRIAL PROVISIONS

Defendant representing himself: R v Walton (reported in Archbold News Issue 8, 2001)

Court of Appeal on ECHR/Fair trial consequences of a defendant who falls ill whilst representing himself .

SEXUAL OFFENCES

R v Celestine Babayaro (1999)

Appeared for Chelsea and Nigerian footballer defending sexual allegations following nightclub visit.