020 8108 7186

My practice and experience in respect of regulatory work and regulatory offences is considerable.

The law allows for a variety of regulatory offences to be prosecuted. There are now an ever increasing number of regulators who have considerable powers to bring prosecutions against both individuals and companies. I am part of one of the largest and most successful chambers in the country, and have been recognised for my expertise in defence. I have offices in central London, Birmingham, Leicester and Bristol, but I am always willing to travel to meet with clients, and plan the best course of action for their case. This includes meeting with clients out of hours, at weekends and on call.  My experience and expertise is supported by an infrastructure built over 30 years, comprising of efficient librarians, reliable clerks, specialist solicitors and other support staff. Having access to this network of experts and the technical tools to do the job, ensures I always have time for detailed preparation, and to give due attention to your case.

I offer my clients a strategic approach to fighting their cases - taking on fewer clients to offer a service with added value. The mainstay of my practice is drafting and disclosure, ensuring that clients are afforded the benefit of a coherent strategy from the outset. Frontloading casework allows me to devise a strategy for clients, ensuring maximum value and opportunity for success.  I believe in being hands-on from the very beginning of my cases and in making sure I have enough time to carry out all necessary conferences with my clients anywhere in the UK. I work very closely with my clients, putting them at the centre of decision making, assisted by a team of highly motivated, tenacious solicitors from all over the country, you can be confident in our approach to your case

Regulatory Offences Advice and Representation

The Financial Conduct Authority (formerly the Financial Services Authority, or FSA) has considerably increased legal powers, significant resources and continues to prosecute more and more cases. Other regulators, such as the Solicitors Regulation Authority (SRA), Care Quality Commission (CQC) and the Health and Safety Executive (HSE) and many others are increasingly pursuing prosecutions, and taking advantage of a system which allows for a ‘twin track’ approach to investigations, potentially meaning individuals and companies could be pursued on both a criminal and regulatory basis. The Office of Fair Trading also persistently pursues cases after success in 2009 in sending three executives to prison and successfully barring them from working as directors of companies for up to seven years.

Within such a challenging regulatory environment, it is increasingly common for individuals who have otherwise acted in good faith to find themselves charged with an offence.

In respect of regulatory offences, it is important to note that many of them are what are referred to in law as ‘strict liability’ offences. In straightforward terms, this often means that to find an individual or company guilty of a regulatory offence, there exists a lower standard of proof, potentially making it easier to be found guilty of an offence.

This is where my considerable expertise can help. I can assist with a wide range of regulatory offence matters, and help to ensure the very best possible outcomes for clients. It is particularly important in matters such as these to have first class legal advice and representation, given their difficult nature.

Expert Regulatory Offences Barrister London

Due to the fact that I am a practicing barrister, I can represent you in both the Crown Court and the Magistrates’ Court, meaning that I can assist clients with charges at every level in relation to regulatory and associated offences. If you do decide to instruct me, I am in a strong position to deal with every aspect of your case, aiming for the best possible result in your circumstances, and as result allowing you to get on with your life.

In terms of my regulatory experience, I successfully defended in the first case of market abuse brought against my client by the Financial Services Authority (now the FCA). This was a three month trial in which the directors of a listed company were prosecuted. Other company directors were convicted, whereas my client was acquitted.

In another case, I was successful in defending a company director who was also a paramedic, charged with supplying Class A drugs to another paramedic who later died after taking them.

These cases, together with a variety of other regulatory work, mean I am able to assist you should you find yourself being pursued by a regulator for an alleged regulatory offence.

Contact Mark Kelly Today

My professional experience, approachability and considerable expertise means that you will be in a very safe pair of hands when it comes to your defence, and my track record is second to none. I consistently obtain favourable results for clients accused of a variety of fraud offences, and so I am well placed to support, advise and represent you in respect of your case. If you wish to discuss a fraud or other related matter, please do not hesitate to get in touch with me directly .

Serving Manchester, Birmingham, Leeds, London, Bristol and the rest of the UK, my professional experience, approachability and considerable expertise means that you will be in a very safe pair of hands when it comes to your defence, and my track record is second to none. I consistently obtain favourable results for clients accused of a variety of fraud offences, and so I am well placed to support, advise and represent you in respect of your case. If you wish to discuss Regulatory Offences or other related matters, please do not hesitate to get in touch with me directly on 020 8108 7186 or fill out a contact form and we will get back to you as soon as possible.

Mandip Kumar of Precedence Law regularly instructs me in police cases, (criminal and disciplinary) and much of the substantial fraud; money laundering and regulatory work I undertake. He is the senior partner in Precedence Law. He has a fearsome reputation. He is tenacious; innovative and highly motivated. He is a man of integrity who works tirelessly in the best interests of his clients. He is often instructed in the most difficult and demanding cases because he never shirks a challenge. Straight talking. He is a man on a mission.

Contact Mark Kelly

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Testimonials

Chambers & Partners 2018 - Rated as Band 2

"Noted for his representation of accountants and other professionals in complex fraud cases. He is adept at handling cases concerning carousel fraud, MTIC fraud and banking fraud. Strengths: 'He's analytical and indefatigable.'"

Anonymous - Alleged historic sexual abuse, October 2017, not guilty verdict

"I believe Mr Mark Kelly to be a truly outstanding professional. I felt entirely safe in his hands at all times. The jury reached unanimous not-guilty verdicts on all three charges in less than 45 minutes. I would stress that this testimonial is not based on the outcome alone; I had already expressed my gratitude to Mr Kelly before the final trial day and would have said the same whatever the outcome."