Ivan Krolick

 

Year of Call: 1966

Practice Group(s): Civil, Crime

Portrait of Ivan Krolick

Appointments:
3 years full time lecturer in Industrial and Employment Law, Newcastle-upon-Tyne
3 years full time lecturer in Industrial, Building and Construction Law, Brighton.

Practice Profile:
Joined these Chambers in December 1967 after successfully completing a year's pupillage here with Israel Finestein (later HHJ Finestein QC). Quickly developed a strong civil practice in Chancery and Common Law, and became counsel for a number of financial institutions in connection with their claims against solicitors, accountants and surveyors and others arising from commercial mortgage frauds. In 1996, following his successful appeal to the House of Lords in R-v-Preddy (see below) he was often instructed to defend in substantial criminal matters, and developed a heavy criminal practice, especially in white collar crime and Proceeds of Crime. He has often conducted successful appeals to the Court of Appeal and House of Lords, including cases in which he was not instructed at first instance, usually in cases alleging conspiracy, fraud, corruption or money laundering, and often involving complex or novel issues of law. His first Supreme Court case (R –v- Waya), in which he appeared as leading counsel for the successful appellant, has been described as an important and difficult case, which has changed the law and practice of confiscation proceedings in favour of the defence. . His recent trials have included: conspiracy, mortgage frauds; terrorism (in which he achieved the acquittal of a defendant charged in connection with the attempted bombings of 21st July 2005); money laundering; and civil recovery under Part 5 Proceeds of Crime Act 2002. He is often brought in as specialist leading counsel to conduct confiscation proceedings after defendants have been convicted when represented by other counsel. He often appears for solicitors and other professionals in disciplinary proceedings, and appeals to the Administrative Court.

Since 2005 he has been involved in a series of cases in Trinidad and Tobago in which he has been instructed by a major insurance company to defend allegations of fraud, conspiracy and money laundering, brought against them, and his appearances have included the Trinidad and Tobago High Court and the Privy Council He is one of the consultees of the Law Commission in connection with white collar crime. Recently he was the only barrister in private practice to be consulted by the Law Commission in connection with their report on Conspiracy and Attempts, and has recently prepared a response to their consultation paper on Criminal Liability in Regulatory Contexts

Before coming to the Bar, he was a full time lecturer in law, and continues to provide regular seminars and lectures in Chambers training programme, especially in Proceeds of Crime and appeal advocacy. Living in Brighton, he is additionally a member of Chambers Brighton annex in Ship Street.

Notable Cases:
Cases are all Court of Appeal decisions unless indicated otherwise

R –v- Waya [2012] UKSC 51; [2012] 3 WLR 1188: (Supreme Court: Proceeds of Crime Act 2002; confiscation; assessment of benefit);
Afolabi –v- SRA [2012] EWHC 3502 (Admin): (Administrative Court: solicitor; disciplinary appeal; striking off);
Faniyi –v- SRA [2012] EWHC 2965 (Admin): (Administrative Court; solicitor; disciplinary appeal; striking off);
R -v- Taylor [2011] EWCA Crim 728 (falsification of company books; computer records)
R -v- O and H [2010] EWCA Crim 2233 (Terminating ruling appeal; mortgage frauds; false accounting);
R -v- Waya [2010] EWCA Crim 412 (Confiscation; mortgage frauds);
Olden -v- Serious Organised Crime Agency [2010] EWCA Civ 143 (Proceeds of Crime Act 2002; civil recovery);
R -v- M [2009] 1 WLR 1179; [2009] 1 Cr App R 243 (Contempt of court, Crown Court, breach of restraint order);
Perkin -v- Lupton Fawcett [2008] EWCA Civ 418 (professional negligence; solicitor);
Olupitan -v- Assets Recovery Agency[2008] EWCA Civ 104 (Proceeds of Crime; civil recovery);
R -v-El Kurd and others [2007] 1 WLR 3190; [2008] 1 Cr App R 1 (conspiracy; money laundering);
R (Director of Revenue & Customs Prosecutions -v- Criminal Cases Review Commission [2007] 1 Cr App R 395 (QBD) (Powers of the CCRC);
R -v- Olden [2007] EWCA Crim 726 ( Mortgage fraud; unlawful arrest; admissibility of evidence);
R -v- Cornfield [2007] 1 Cr App R (S) 771 (Confiscation; realisable property; pension rights);
R -v- Saik [2006] 2 WLR 993, [2006] 2 Cr App R 368 (House of Lords) (Conspiracy; money laundering; suspicion);
R -v- Glatt [2006] EWCA Crim 605 (Money Laundering; confiscation; benefit; solicitor's client account);
R(Director of Assets Recovery Agency -v- Green and others [2005] EWHC 3168 (Admin)(Administrative Ct) (POCA 2002; Civil Recovery; pleading);
R -v- Olubitan [2004] 2 Cr App R (S) 70 (Confiscation; benefit; conspiracy)
Mulkerrins -v- PricewaterhouseCoopers (a firm) [2003] 1 WLR 1937 (House of Lords) (Bankruptcy; professional negligence; insolvency practitioner);
R -v- Natji [2002] 1 WLR 2337; [2002] 2 Cr App R 302 (Corruption; civil servant);
R -v- Kansal (No 2) [2001] 3 WLR 1562; [2002] 1 Cr App R 478 (House of Lords) (Human Rights Act 1998, fair trial; whether retrospective):
Kumar -v- AGF Insurance [1999] 1 WLR 1747 (QBD) (Professional indemnity insurance; top-up insurance; liability);
R -v- Hedworth [1997] 1 Cr App R 421 (Preparatory hearing; application to quash or stay; whether decision appealable);
R -v- Graham and others [1997] 1 Cr App R 302 (Appeal; whether convictions safe; power of Court of Appeal to substitute convictions);
R -v- Preddy and others [1996] 3 WLR 255; [1996] 2 Cr App R 524 (House of Lords) (Obtaining property by deception; mortgage frauds; what property obtained; whether intention to deprive);
R -v- Bolton (1992) 94 Cr App R 74 (conspiracy; execution of valuable securities by deception; mortgage frauds);
Morris -v- Murray [1991] 2 WLR 1232 (negligence; volenti non fit injuria; light aircraft; injury to passenger):
County Personnel (Employment Agency) Ltd -v- Pulver [1987] 1 WLR 916 (Professional negligence; solicitor; landlord and tenant).

Membership:
Criminal Bar Association, Common Law Bar Association, South Eastern Circuit.