Martin Goudie QC.

  • Barrister
  • Year of call 1996 - QC 2017
What others say:

  • ‘Martin is always incredibly well prepared, and has a thorough understanding of the details of any case he handles.’  Legal 500 - Crime, Leading Silks 500 2022
  • “He is meticulous and has the ability to retain an immense amount of material in relation to his cases. He knows exactly how to guide a jury through a case and cut away the confusion. He is also very easy to work with and knows how to put a client at ease.” - recommendation in Chambers & Partners

Practice Profile:

Specialises in national security, serious and financial crime, regulatory & professional discipline work.

Member of Attorney General's Panel of Special Advocates since 2005 dealing with national security cases including Terrorism Prevention and Investigation Measures (TPIMs), legacy cases in Northern Ireland, cases before the Special Immigration Appeals Commission (SIAC), those arising from financial sanctions (Bank Mellat) and Guantanamo Bay (Binyam Mohamed). 'Appointed Person' for closed hearing in £4.1billion Thames Tidewater Tunnel project. Contributes to documents produced by special advocates including submissions to the Joint Committee on Human Rights. Interviewed by Amnesty International as part of investigations into 'closed material procedures'.

Over 20 years of experience in all areas of serious and financial crime both defending and prosecuting (CPS EAS Grade 4 prior to taking Silk). His experienced includes representing both individuals and corporate bodies in disputes, investigations and criminal proceedings. Frequently instructed to provide advice and assistance prior to charge in a variety of cases from a roadblock shooting by a British soldier in Kabul, Afghanistan to financial crime investigations in the UK. Martin is experienced in leading legal teams in high pressure factually and legally complex cases, especially where there are multiple defendants, and is known for his strategic and practical approach. Martin is currently instructed by the Civil Aviation Authority (CAA) in the prosecution arising out of the Emiliano Sala plane crash, and is advising the Pension Regulator, with Roddy James and Libby Anderson, in respect of a multi-handed multi-million-pound fraud.

Extensive experience of regulatory/disciplinary hearings, inquests and investigations for Regulators and for individuals, corporate bodies, charities and other institutions. 
Worked with and/or against the CAA, Office of Rail and Road, Nursing and Midwifery Council, Royal College of Nursing, Bar Standards Board and Rugby Football Union. Cases have included advice on jurisdictional issues, prosecutions arising out of fatal crashes, dangerous goods prosecutions (including of Amazon & Sanyo), fitness to practice committees, competitions committees and internal hearings.

Advocacy trainer, instructor on ethics and witness familiarisation courses. Accepts direct access instructions. 

Call:
  • Inner Temple 1996 (Bencher 2014)
  • Bar of Northern Ireland 2016
  • Queen’s Counsel 2017
Appointments:
  • Legal Assessor to the Nursing and Midwifery Council 
  • Recorder (Civil and Crime) 
  • Chair of the Council of Management of the Pegasus Scholarship Trust
  • Head of Discipline, London Scottish (Rugby) Football Club
  • Chambers Treasurer
Professional memberships:
  • International Bar Association
  • Criminal Bar Association
  • Fraud Lawyers Association
  • South Eastern Circuit
  • Justice
  • Royal Institute of International Affairs
  • Royal Geographical Society
  • Scholarships –
  • Pegasus Scholar to Crown Law Office, Wellington, New Zealand (1999)
Publications/lectures:
  • Crucible Professional Discipline and Regulatory Law Team Spring Webinar, Regulating Professionals (2) – Beckwith, a line in the sand or a decision on its own facts. 
  • Charter Chambers Regulatory Webinar series. Regulating Professionals – is anywhere or anything off limits to the Regulator.
  • Lecture with BLM Law to the Insurance Fraud Bureau Conference on Strategic Litigation in combating fraud – Searches, restraint and confiscation proceedings.
  • Lecture to the London Criminal Courts Solicitors’ Association on Serious Crime Prevention Orders.
  • Response to the Green Paper on Justice and Security in relation to Norwich Pharmacal proceedings 

Practice Areas:

Serious crime

Martin has over 20 years of experience in all areas of serious crime both defending and prosecuting (CPS EAS Grade 4 prior to taking Silk). Frequently instructed to provide advice and assistance prior to charge in a variety of cases from a roadblock shooting by a British soldier in Kabul, Afghanistan, to fatal aircraft crashes in the UK. Martin is experienced in leading legal teams in high pressure factually and legally complex cases, especially where there are multiple defendants, and is known for his strategic and practical approach.

Financial crime

Martin is currently advising the Pension Regulator, with Roddy James and Libby Anderson, in respect of a multi-handed multi-million-pound fraud. Experienced in representing both individuals and corporate bodies in disputes, investigations and criminal proceedings.  

Professional discipline and regulatory law

Martin has extensive experience of regulatory/disciplinary hearings, inquests and investigations for Regulators and for individuals, corporate bodies, charities and other institutions. 
Worked with and/or against the Civil Aviation Authority, Office of Rail and Road, Nursing and Midwifery Council, Royal College of Nursing, Bar Standards Board and Rugby Football Union. Cases have included advice on jurisdictional issues, prosecutions arising out of fatal crashes (Emiliano Sala), dangerous goods prosecutions (including of Amazon & Sanyo), fitness to practice committees, competitions committees and internal hearings. 

Notable cases:

Special advocate

Rahmatullah v. Ministry of Defence [2019] EWHC 3849 (QB)
The claimant had been detained by British forces in Iraq in 2004 before being transferred into the custody of US forces and rendered to Afghanistan. It was alleged by the Claimant that his detention had been unlawful and that he had been ill-treated while in detention. He was not released until 2014.

Bank Mellat v HM Treasury
Conjoined administrative and commercial Court proceedings arising from financial measures imposed on Bank Mellat by HM Treasury. Bank Mellat sought damages from HM Treasury, estimated at one point to be in excess of $4 billion.

Secretary of State for the Home Department v. LG, IM & JM [2017] A.C.D. 100
The respondents had been made subject to TPIMs. It was alleged that each of LG, IM & JM ‘are members of, and are or were senior leaders’ of Al-Muhajiroun. The Court upheld the TPIMs subject to amendments to a number of the measures.

R (ono AZ) v. Secretary of State for the Home Department [2016] 4 W.L.R. 12
Challenge to the refusal to provide a refugee travel document following an assessment that the Claimant would travel to Syria.

W (Algeria) and others v. Secretary of State for the Home Department
Involved in these proceedings since 2006. The case was remitted back to SIAC by the Supreme Court – W (Algeria) v. SSHD [2012] 2 AC 115 in SIAC in 2012, returned to the Court of Appeal in 2013 and was then remitted back to SIAC again in 2015. Following lengthy hearings in 2015 SIAC ruled that the individuals could not be returned to Algeria.

ZZ v. Secretary of State for the Home Department [2014] 2 W.L.R. 791
The Court of Appeal in 2011 made a reference to the European Court of Justice (CJEU) on the question of whether an EU citizen might derive from the Directive 2004/38 a procedural right to be told the essence of the case against him on which another Member State had refused him entry in the interests of national security. At the end of 2013 the case returned to the Court of Appeal where the Court stated that the CJEU judgment meant that ZZ must be informed of the essence of the case against him and remitted the case to SIAC. SIAC considered the case in a number of disclosure hearings and a substantive hearing in 2014 before ruling against the Secretary of State and allowing ZZ to return to the UK after nearly 10 years of exclusion.

R (ono SSHD) v. SIAC [2015] 1 WLR 4799
Conjoined preliminary hearing in SIAC to consider disclosure for the lead naturalisation cases and in the Administrative Court when the SSHD sought to review SIAC’s preliminary rulings. This litigation determined the standard of review to be applied within SIAC and the level of disclosure required by the Secretary of State.

R (Binyam Mohamed) v. Secretary of State for Foreign and Commonwealth Affairs [2011] Q.B. 218, [2009] 1 WLR 2579, 2653
Relationship between the executive and the judiciary in the context of national security, torture and CIDT in the age of terrorism and the interests of open justice in a democratic society.

Aamer v Secretary of State for Foreign and Commonwealth Affairs [2010] ACD 25 SSHD v. Y [2010] ACD 89
Application by a British resident detained in Guantanamo Bay for disclosure of documents held by UK Government under the Norwich Pharmacal principals as a result of allegations of torture/CIDT.

Roberts v. Nottinghamshire Healthcare NHS Trust [2009] PTSR 415
Application by Mr Roberts for disclosure under the Data Protection Act 1998 of a Psychological Report written on him by an employee of the NHS Trust for use by him at a Mental Health Review Tribunal hearing. Mr Roberts had been detained under sections 37 and 41 of the Mental Health Act 1983 since October 1989. 

Serious crime

R v. Cuni & others [2018] 2 Cr. App. R. (S.) 18
Privately instructed in the Court of Appeal in respect of major conspiracy to import Class A drugs

R v. Dzuga & Dzuga
Defence Counsel for the first Defendant where the Defendants faced allegations of trafficking multiple individuals into and around the United Kingdom between 2005 and 2013.

R v. Tafari Deacon
Tafari Deacon faced an allegation of murder relating to the killing by a gang of a young man with a shotgun. He was acquitted at half-time following a successful submission of no case to answer. He then faced a separate trial for possessing a firearm and ammunition with intent to endanger life, see Attorney General’s Reference Nos 4, 5, 6, 7 & 8 of 2014 (Deacon & others) [2014] 2 Cr App R (S) 51

R v. T
Prosecution of a stepfather for sexual assault and assault by penetration of his stepdaughter between the ages of 11 and 14.

R v. S
Defence Counsel in respect of allegations of historical sexual abuse including rape and buggery, stretching back twenty years, against the third eldest child in a family by one of his brothers and two of his sisters.

R v. NW [2010] 2 Cr App R 8
Definition of term ‘present together’ in violent disorder.

R v. Roger Vincent & Others
A huge investigation commenced following the murder of a notorious gangster in Hertfordshire with an AK-47, the first time one was used in the mainland United Kingdom. The investigation gave rise to a lengthy trial where Roger Vincent was alleged to be the gunman. The trial was complicated by the Crown’s wish to place Mr. Vincent’s previous acquittal for murder before the jury.

R v. Khan (Fahad Tariq) [2007] 2 Cr App R (S) 95
Sentencing, conspiracy to rob, young offenders.

R v. De Oliveira (Fabio) [2006] 2 Cr App R (S) 17
Sentencing, false instruments. 

Financial crime

R v. Ayoub Mohamed
Defence Counsel in two-month trial arising from multi-national money laundering through a number of companies in excess of £25 million and $25million, involved consideration of potential bad character arising from sanctions imposed by US Treasury.

X
Advising company X in respect of allegations of fraud arising from a franchise agreement.

R v. Alexander de Rothschild Hatton
Defence Counsel at the confiscation proceedings. Mr de Rothschild Hatton had been convicted of a number of allegations arising out of him commencing a relationship with a divorcee and deceiving her into handing over in excess of £500,000. The Crown alleged there were substantial hidden assets and that he was a serial offender committing similar offences with other women in the UK, Europe and the USA.

Professional discipline and regulatory law

Khan v Bar Standards Board [2018] A.C.D. 124
Professional misconduct, Articles 8 and 10 ECHR, sanction.

Y
Advising company Y following an incident resulting in multiple fatalities of members of the public.

CAA v. Amazon UK Services Ltd
Prosecution of Amazon at Southwark Crown Court for breaches of regulation 5(1) of the Air Navigation (Dangerous Goods) Regulations 2002 over a period from late 2013 to the middle of 2015.

CAA v. Iain King
Prosecution under Article 94(1)(c) of the Air Navigation Order 2005 of a flying instructor for falsely certifying a pupil applying for a Private Pilot’s Licence (Helicopters) had completed the required course of training. He also falsely certified eight days of flying which did not take place in the pupil’s logbook. The pupil’s Gazelle helicopter crashed on his first solo flight following the grant of his licence killing the pupil and his wife. 

Martin Goudie QC news.

Martin Goudie QC and Laura Herbert start Emiliano Sala flight crash trial.

Martin Goudie QC

20/10/2021

Scappaticci – balancing prejudice to criminal investigations against prejudice arising from delay caused by a stay to civil proceedings .

Martin Goudie QC

07/10/2021

The National Security and Investment Act 2021.

Martin Goudie QC

11/05/2021

Martin Goudie QC appears as Special Advocate in High Court TPIM review.

Martin Goudie QC

15/02/2021

Martin Goudie QC prosecuting case arising from Emiliano Sala’s final flights.

Martin Goudie QC

27/10/2020

Martin Goudie QC is instructed by the Civil Aviation Authority to prosecute the case against David Henderson in relation to the final flights taken by Emiliano Sala.

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