Jonathan Underhill2018-04-25T08:20:13+00:00
Jonathan Underhill

Jonathan Underhill

Has true expertise in regulatory offences, consumer protection and fraud.

YEAR OF CALL 2008

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CV

Education

BVC Graded Outstanding – Cardiff University Law School
Inner Temple Prize Winner – Outstanding Achievement
LLB (Hons) Law & Politics – Cardiff University Law School

Appointments

Level 3 – CPS Panel Advocate

Level 2 – CPS Specialist Panel Advocate –  Proceeds of Crime Panel

Serious Fraud Office Review Panel

Memberships

Western Circuit
Criminal Bar Association
Young Fraud Lawyers Association
Proceeds of Crime Lawyers Association

Overview of Practice

Jonathan Underhill is a specialist practitioner, noted for his excellent approach to client care, thorough preparation and first class advocacy and representation at all levels from the lay bench to the High Court. Jonathan both defends and prosecutes individuals and companies across a range of complex regulatory matters. His practice has a particular emphasis on breaches of consumer protection, health and safety, planning enforcement and environmental legislation.

In addition to his specific expertise in Financial Crime and Proceeds of Crime Act matters, Jonathan has a growing interest and experience in white collar criminal work and has assisted on an international prosecution concerning alleged fixing of financial rates involving some of the worlds largest banks.

Practice Areas

Whilst Jonathan prosecutes and defends in all areas of general criminal practice his particular areas of expertise are:

Fraud
Drugs
Proceeds of Crime
Computer Misuse/Cyber Crime

Jonathan is routinely called upon to deal with complex issues often involving large amounts of digital, forensic and financial evidence and detailed analysis. He has been a led Junior for both Prosecution and Defence and has significant experience in both applying for and defending a wide range of Ancillary Orders including confiscation, restraint and destruction orders, DVPO, SHRO and SHPO’s.

Representative Cases

Defence

R v. S (2017) – Successfully Defended  in “failing to declare case”  brought by HMRC, concerning income from multiple properties on the South Coast.

R v. C and Others (2017) – Currently instructed for the Defence in a multi-handed fraud prosecuted by HMRC valued at 3.4 million pounds.

R v. K (2017) – Case concerning people smuggling across European Borders.

R v. S (2017) – Represented a member of a gang who burgled the home of England footballer John Terry and a number of other High profile victims.

R v. S – Successful acquittal of client in Multiple Burglary counts despite the Defendant not attending and the trial proceeding in absence.

R v. B – Multi handed – Joint enterprise – Night time robbery.

Operation ‘Buntline’ – Instructed for the Defence in large multi-handed country wide conspiracy to supply class A drugs – involving ANPR, and nationwide telephone and telemetry evidence.

R v. J – Led Junior for the Defence in an attempted murder case.

R. (on the application of Hovenden) v. Parole Board [2014] EWHC 3738 (Admin) – Judicial Review against decision of the Parole Board.

Prosecution

R v. N and Others (2018/19) – Instructed as Led Junior Counsel in a multi handed money laundering case

R v. C and Others (2018) – Instructed as Led Junior Counsel in a 20+ handed conspiracy prosecution

R v. M and Others (2018) – Instructed as Led Junior Counsel in multi handed cash in transit robber case

R v. A – Transfer of a firearm. Statutory defence as to the antique nature of the weapon (s58(2)). Conflicting expert evidence.

R v. B – s18 assault. Arguments re: res gestae and principles in R v Barnaby [2015]

R(S) v. Q and Others – Led Junior for the prosecution in four handed 6 week conspiracy to defraud case involving council tax, housing benefit and identity fraud.

R v. A – Successful prosecution of multi-handed case of possession with intent to supply Class A drugs.

Jonathan prosecutes for a range of Borough, City and County Councils, Regulatory Bodies and Trading Standards Units. This detailed knowledge and expertise is invaluable to robustly defend private individuals and companies; most notably where such cases fall outside of traditional criminal practice. He has particular expertise in:

Trading Standards
Consumer Protection
Food Safety and Hygiene
Environmental Protection

Representative Cases

R v X (2017) – Instructed for the Defence in food hygiene case involving breaches of European and Domestic regulation.

Operation Foxchase – Instructed as led Junior in a complex national secondary ticketing trading standards case.

Operation Hugo – Trading Standards case involving importation of farmed puppies, featured on BBC programming.

Operation ‘Wendelin’ – Multi handed Trading standards prosecution of rouge traders involving 15 complainants

R(BDBC) v. FF and Ors – Multi handed Food safety case involving multiple breaches of Regulatory provisions, hygine improvement and prohibition orders.

R (SCC) v. K – Education case involving argument re: Isle of Wight v Platt [2016] UKSC.

R v. S – Trading Standards prosecution against persistent street peddler.

R v. M – Trading standard prosecution involving Trademark offences against the Premier League, British Legion and Help for Hero’s.

R v. A – Trading standards Prosecution involving several thousand pounds of counterfeit tobacco.

Jonathan is regularly instructed to act for the Specialist Fraud Division of the Crown Prosecution Service most often in relation to Social Security and computer based frauds. He has also undertaken disclosure and review work for both the Serious Fraud Office and National Crime Agency. Jonathan has also been sought out to advise on other less common frauds pertaining to local authorities and business regulation; notably “airport parking” and “blue badge” fraud

Representative Cases

R v. N and Others (2018/19) – Instructed as Led Junior Counsel in a multi handed money laundering case

R v. S (2017) – Successfully Defended  in “failing to declare case”  brought by HMRC, concerning income from multiple properties on the South Coast.

R v. C and Others (2017) – Currently instructed for the Defence in a multi-handed fraud prosecuted by HMRC valued at 3.4 million pounds.

R v. S – Prosecution of complex case involving fraudulent “shopping vouchers”

HCC v. C – Multihanded prosecution regarding fraudulent business and roofing fraud.

R(S) v. Q and Others – Led Junior for the prosecution in four handed 6 week conspiracy to defraud case involving council tax, housing benefit and identity fraud accross multiple properties and bank accounts.

PCC v. A and Ors – Multi-handed prosecution of local Police employees for secondary selling of parking vouchers and fraud.

R v. N – Benefit Fraud valued at £50,000.

R v. I – Benefit Fraud £28,000.

Jonathan has developed an expertise in dealing with all financial matters ancillary to his specialist areas of practice. Jonathan regularly deals with Proceeds and of Crime, Restraint and Confiscation Orders, and is regularly instructed, for the Defence, Prosecution, Police Force and HMRC from initial seizure and forfeiture to contested final hearings.

Jonathan has also acted for interested third parties, including private individuals and insurance companies, both to provide advice in relation to rights and standing, as well as providing detailed assistance by way of noting briefs.

Representative Cases

R v. C (2017) – Instructed for the Defence solely to deal with contested POCA proceedings arising from large scale drug dealing.

R v. B and Ors – Instructed on behalf of third party insurance company to provide detailed legal advice on arguments pertaining to the Defendants having “obtained” property; detailed noting brief required of multi day contested hearing.

R(S) v. Q and Others – POCA confiscation. Lifestyle assumptions, multiple properties, bank accounts, hidden asserts, assertion of third party rights and assets outside of the jurisdiction.

WSS v. D – Trading Standards confiscation, legal argument as to the effect of proportionality and R v Waya as relating to tainted gifts and third party property rights.

What Others Say…

“I am indebted to Mr Jonathan Underhill…for his realistic and concise submissions… Mr Underhill was utterly realistic in his submissions to this court, which he advanced with commendable brevity and good sense”

HHJ Jeremy Richardson QC – In the High Court

“I was very impressed with Jonathan Underhill ~ and he had a glowing report from our environmental health manager for his advocacy at the recent noise trial he did for us”

Local Authority Solicitor

“I would not hesitate in instructing Mr Underhill – cases are always thoroughly prepared, time and care taken with clients and outcomes reported back promptly. The client feedback has been excellent and often accompanies with a request that he represent them again. The quality of his representation is first class.”

Lindsey Taylor (Solicitor) - Watkins and Gunn Solicitors

“I have found Mr Underhill to be an excellent advocate who is always well prepared and courteous to all. I have had positive feedback from clients in cases he had conducted on my firm’s behalf. I would not hesitate to instruct him.”

Paul Lewis (Partner) - Quality Solicitors HPJV