Alexander dos Santos

Experience & Expertise

Alexander practises in regulatory and financial crime, extradition, public law, professional discipline, and commercial law. Commercial instructions include civil fraud, contractual and company disputes, insolvency, chancery and trustee disputes. He conducts first instance extradition hearings and High Court Appeals both for those sought for extradition and for Requesting Judicial Authorities and States.

Alexander also has significant experience in judicial review in a variety of contexts, including regulatory, criminal law, sports law and prison law. He acts frequently in professional discipline matters, for and against regulators.

He has acted in complex, lengthy and high value fraud, financial services, money laundering and corruption cases. His experience spans both criminal and civil fraud. He advises companies on issues of compliance with financial regulation, anti-corruption, money laundering and health and safety regulations.

Extradition & Regulatory Crime

Alexander is a specialist panel member for the Crown Prosecution Service extradition unit. He has significant experience before the Administrative Court, Divisional Court and at first instance hearings. He acts on both sides and in cases under both Part 1 and Part 2 of the Extradition Act 2003.

He is a Specialist Regulatory Advocate in Health and Safety matters and has acted for regulators, companies and individuals in health and safety, food safety, environmental and planning law prosecutions – including in fatality cases.

He has previously advised a PLC on its health and safety risk assessments relevant to a commercial agreement being negotiated. He has prosecuted for the Health and Safety Executive and Office for Rail and Road. He is receiving increasing instructions in health and safety matters in the medical sector.

Financial Crime & Fraud (Civil and CRIMINAL)

He has extensive experience dealing with both civil and criminal fraud and has acted in complex fraud, financial services, money laundering, pension fraud and corruption cases. He has conducted lengthy and high value trials both as led junior and as a junior alone. His work also includes breaches of financial services and consumer regulations.

His experience spans both civil and criminal fraud. He advises companies on issues of compliance with anti-corruption, financial services, money laundering and health and safety regulations. He also has experience of assisting companies with anti-bribery and corruption policies and measures and provides pre-litigation and strategic advice to those caught up in regulatory and criminal investigations.

Civil fraud experience includes interim relief applications and substantive claims, in the person, corporate and insolvency contexts.

Civil fraud experience includes interim relief applications and substantive claims, in the person, corporate and insolvency contexts.

PUBLIC  LAW AND INQUESTS

He has significant experience acting by himself and been led by leading Counsel in judicial review and in inquests (including Article 2 and jury inquests). He is experienced in different contexts, from prison law to sports law, inquests and criminal matters.

COMMERCIAL & CHANCERY

He advises and acts in contractual and other financial disputes, often able to guide clients to a practical non-litigious solution to problems and disputes. He is keenly interested in corporate governance and in civil fraud. He is able to assist clients in obtaining or resisting freezing orders in the High Court. He also has transactional and litigation experience arising from the sports context.

Insolvency and chancery experience includes personal and company insolvency proceedings, director disqualification applications for winding up petitions in the public interest and matters relating to trustees and charities.

Professional Discipline

He acts frequently in professional discipline matters, for and against regulators, and has acted in fitness to practise proceedings, health committee hearings, High Court appeals and judicial reviews in matters relating to the General Optical Council, General Dental Council, General Pharmaceutical Council, Nursing and Midwifery Council, General Medical Council, Care Council for Wales, Appeal Committee of the Association of Chartered Certified Accountants and the Royal College of Psychiatrists. He also has experience acting before sporting Tribunals.

In matters of professional negligence, Alexander is able to settle pleadings, advise on merits and either claim against or represent professionals at hearings in the County/High Court.

Cases & Work of Note

• FCA v MZ & SZ – Southwark Crown Court [due for trial in 2022] – defending an allegation of insider dealing
• FCA v C and F – Southwark Crown Court (ongoing) – acting for a former FCO of a Plc accused of misleading the market, misleading an auditor and false accounting
• Office for Rail and Road v W H Malcolm [2021] – Northampton Crown Court – prosecuted one of the biggest rail freight depots in Britain for breaches of Health and Safety legislation following a fatality. The company was convicted and fined £6.5m.
• Rail Mail v Watson [2021] EWHC 2098 (Admin) – Case stated appeal against a wrongful acquittal by a Magistrates’ Court on a conviction under the Dangerous Dogs Act 1991
• Wozniak & Chlabicz v Poland [2021] EWHC 2557 (Admin) –impact on extradition from the UK to Poland of legislative developments in Poland affecting its judiciary – no general basis to decline extradition to Poland
• Kaderli v Chief Public Prosecutors Office of Gebze, Turkey [2021] EWHC 1096 (Admin) – Article 5; Article 6; re-trial guarantee; alleged corruption; independence
• D & Ors V G & Ors – Business & Property Court – resisting an injunction application and an arbitration challenge
• Zelenko v Latvia  [2019] EWHC 3840 (Admin); [2020] EWHC 1800 (Admin); [2021] EWHC 366 (Admin) – Assurances; Bars to extradition; Ill health; Latvia; Medical treatment; Prison conditions; relief from sanctions
• CQC v PJ [2021] – defended a prosecution by the CQC
• Polakowski and Others v Westminster Magistrates Court & Ors [2021] EWHC 53 (Admin) – habeas corpus applications by 5 applicants. This is the first post Brexit Divisional Court matter considering the legal position by reference to the Withdrawal Agreement and Trade and Cooperation Agreement Brexit case which considered
• Grenfell Inquiry (Phase 2) – acted for the surveyor from the Royal Borough of Kensington and Chelsea Council with responsibility for Grenfell Tower
• R (on the Application of Terence Norman & Ors) v Chelmsford Crown Court and Chief Constable of Essex [2020] EWHC 3456 (Admin) – successful challenge to search warrants, and 1 of 3 arrests set aside as unlawful
• R (on the Application of Simon Halabi) v Southwark Crown Court and Commissioner of Police for the Metropolis, Secretary of State for the Home Department [2020] EWHC 1053 (Admin) – foreign conviction; notification order; compatibility of notification regime with the Convention
• CQC v C [2020] – defended a prosecution by the CQC
• Jhugroo v CQC [2020] EWHC 1997 (QB) – challenge to time limits for prosecution under the Health and Social Care Act 2008
• Petrovics v Hungary [2020] EWHC 3145 (Admin); Extradition, Article 8, health, medical evidence
• Rail Mail v G – (Unreported, judgment of 29 May 2020) Administrative Court – voluntary bill of indictment obtained from the Court following  flawed decision of the Crown Court to dismiss an indictment
• Codrea v Romania [2020] EWHC 168 (Admin) – Extradition; Public interest; Right to respect for private and family life; Suspended sentence activation; Time
• Office for Rail and Road v Kier Infrastructure 2019 – Health and Safety – prosecuted failures to adhere to safe working practices where significant injuries were caused when a 7 tonne precast concrete unit toppled over
• Goldberg v Poland [2019] EWHC 2557 (Admin) – Bars to extradition; Delay; Fugitive offenders; Right to respect for private and family life; Supply of drugs
• Kotlarski v Germany [2019] EWHC 1374 (Admin) – Fugitive offenders; Germany; Sureties
• Majkowski-Pyk v German Judicial Authority [2019] 4 WLUK 291 – Extradition; Failure to surrender; Fraud
• R v SR – Manchester Crown Court – Defending confiscation proceedings following a fraud and money laundering conviction
• Yorkshire Trading Standards v W & Ors – Leeds Crown Court – defending a fraudulent trading allegation
• R v G & Ors – Kingston Crown Court – Defended allegations of investment fraud
• R v T & Ors – Croydon Crown Court – Defended allegations of land banking fraud and breach of collective investment scheme regulations
• Gheorghe v Crown Prosecution Service [2018] EWHC 3648 (Admin) – Bail applications; Extradition proceedings; Procuring
• Kujtkowski v Poland [2018] EWHC 3674 (Admin) – Bail application; Failure to surrender; Fugitive offenders; Grievous bodily harm
• Kinsella v Ireland [2018] EWHC 3540 (Admin) – Bail
• Greece v National Crime Agency [2018] EWHC 1993 (Admin) – Bail conditions; Extradition; Murder
• Vieira v Brazil [2018] EWHC 2417 (Admin) – Absconding; Bail; Bail conditions
• Belgium v Dauti [2018] EWHC 3948 (Admin) – Bail conditions; Extradition proceedings; Human trafficking
• R. (on the application of Drozdz) v Poland [2018] EWHC 2466 (Admin) – Conduct; Delay; Extradition orders; Right to respect for private and family life; Suspended sentences activation
• R. (on the application of Roezner) v Poland [2018] EWHC 1877 (Admin) – Fresh evidence; Mental health; Oppression; Poland; Suicide
• Mcphillips v Belgium [2018] EWHC 2775 (Admin) – Bail applications; European arrest warrants; Theft
• Toumi v Germany [2018] EWHC 1191 (QB)
• Biri v Hungary [2018] EWHC 50 (Admin)
• Swedish Judicial Authority v Serwin [2017] EWHC 3459 (Admin)
• Krok v Poland [2017] EWHC 1800 (Admin)
• R (on the Application of Condor) v DPP & Cullen [2017] EWHC 3625 (Admin)
• Ladislav Danco v. Czech Republic [2017] EWHC 1300 (Admin)
• Krzystof Kowalski v. Poland [2017] EWHC 1044 (Admin)
• Besaran Hussain Zada v. Italy [2017] EWHC 513 (Admin) – Divisional Court – Double Jeopardy
• R. v Gallagher (Karl George) [2017] EWCA Crim 1214
• General Dental Council v. Harper [2017] EWHC 856 (Admin) – Admin Court extension of interim order
• Clarke v. General Optical Council [2017] EWHC 521 (Admin) – Impairment, voluntary erasure, proportionality
• Pemberton Greenish v. Jane Henry [2017] EWHC 246 (QB) – Acted for insurer in subrogated claim for breach of contract and fiduciary duty
• Stevenson v. General Optical Council [2015] EWHC 3099 (Admin) – Time limits on appeal
• R. (on the Application of the English Bridge Union) v. Sport England & Ors [2015] EWHC 2875 (Admin) – sports – interpretation of Royal Charter and Statute
• R. (on the Application of Keith Bentley & Ors) v. Governor of HMP Whatton & SSJ [2014] EWHC 3586 (Admin); [2014] EWHC 4338 (Admin); [2015] EWHC 3451 (Admin) – Prison Law – breach of public law duty – Article 5 – failure to provide risk reduction course
• General Pharmaceutical Council v. M – Allegation of plagiarism
• Westminster City Council v. Somerfields [2016] – Prosecuting food safety breaches
• Westminster City Council v. T [2016] – Food safety prosecution – acted for Defendant company – successfully argued prosecution out of time. Case withdrawn
• H&C v. CM [2016] – Breach of contract and negligence dispute arising from the design and supply of plant and specialist equipment to a facility in the Middle East
• The Football Association Premier League Limited v. R Ltd & DP & Barclays Bank PLC [2016] – Defended a claim for Copyright infringement
• P v. General Optical Council [2015] – Acted for allegations of dishonesty
• Samar Rukh v. Royal College of Psychiatrists [2015] – Acted for regulator resisting judicial review – appeal from pre-action disclosure refusal
•  MJH (Liquidator of I Limited – In Liquidation) v. L & Ors – acted in an application to set aside judgment in a claim for transactions at an undervalue and complicity in a fraudulent anti-creditor scheme
• HMRC v. R P – Defending a £10m MARD tax recovery claim brought by HMRC on behalf of the Italian Authorities
• Surrey County Council v. W & Others – Defended at the High Court for contempt of Court proceedings
• PM v. State Bank of India – Acted at the County Court for the Bank defending claim for vicarious liability for unauthorised transactions by employee from claimant’s account pursuant to a private arrangements between the parties and failure to act on instructions
• KH v. AM – Acted at the High Court for Claimant in claim for fraudulent misrepresentation, breach of fiduciary duty and breach of constructive trust

Recommendations

Alex is recognised as a leading junior by both The Legal 500 and Chambers & Partners.  Recent editorials included:

“Excellent client relationship building and highly skillful in conducting examination in chief and targeted cross examination. Highly knowledgeable in all matters related to regulation and business crime. A KC in waiting.”
The Legal 500

“He is very precise and forensic in his approach to prosecuting.”
Chambers and Partners

“Alexander is an impressive barrister.”
Chambers and Partners

“He is very focused and precise in his work.”
Chambers and Partners 

“He is a class act who does his extradition work extremely competently and with charm, grace and humour.”
Chambers and Partners

“Alex is an exceptionally courteous barrister who is able to draw upon his natural legal mind, ability to absorb complicated issues and, significantly, his wit to devastating effect in the courtroom.”
Chambers and Partners 

“A junior with an incredible intellect and encyclopaedic legal mind. He always takes a measured approach to cases and is a calming influence.”
The Legal 500

“Thorough knowledge of the law and a careful, forensic approach to written and oral submissions. A forthright advocate who is nonetheless reasonable and pleasant to work with.”
The Legal 500

“Knowledgeable in relation to inquests for care providers. Good manner with witnesses and also flexible.”
The Legal 500

“A junior who is very experienced across a range of regulatory areas. He is an excellent advocate who thinks outside the box.”
The Legal 500

“Alex is a pleasure to work with, and fiercely advances our clients’ interests.”
Chambers & Partners

“Hard-working, user-friendly and very bright. A great team player who will do his utmost to support you and get results.”
Chambers & Partners

“Alexander has sound judgement and is a very good advocate.”
Chambers & Partners

“Alexander is very technical and precise.”
Chambers & Partners

‘Extremely bright senior junior. Very clear and imaginative legal thinker. Very committed.’
The Legal 500

‘Alex is polite, personable and very approachable. As a barrister he is knowledgeable, well-respected by peers and senior counsel and very experienced. His advocacy is always based on thorough preparation and is persuasive and well-argued. His written advice is clear and helpful and he is excellent with professional and lay-clients.’
The Legal 500

“Alex is a fantastic advocate who has a huge brain and an ability to make complex information accessible for his clients.”
Chambers & Partners

“Alexander is a formidable opponent – he never misses a point.”
Chambers & Partners

“He is always fully prepared, having this in-built ability to store material in his head. He always has the ear of the court as well.”
Chambers & Partners

“Alex is good at explaining things really clearly, even if it is the most difficult concept in the world to understand.”
Chambers & Partners

“Brilliant at handling knotty issues and someone that you know that you can go to with any questions you have. He is completely on top of the developments in the legal world and he really, really knows his stuff.”
Chambers & Partners

“Diligent, organised, ambitious, responsive and a very competent advocate.”
The Legal 500

“Alexander is highly knowledgeable, calm and wise. His demeanour makes him a good choice for nervous client and his written advice is of the highest standard. His advocacy is superb, clear, accurate, well-considered and persuasive.”
The Legal 500

“Tenacious, intelligent, and uses understatement wonderfully to make his points.”
The Legal 500

“Alex has a wide breadth of knowledge which he is happy and willing to share when needed. He is personable and clients like him. He is confident in court and in written submissions. His arguments are well prepared and considered. Alex regularly provides training to more junior members of the Bar which is a testament to his advocacy skills.”
The Legal 500

“A very bright and smooth advocate.”
Chambers & Partners

“It is a real pleasure to be against him; he works really hard for his clients”
Chambers & Partners

“An incredibly diligent and meticulous barrister who is quite happy to argue and take points that are obscure but winnable. He is incredibly determined.”
Chambers & Partners

“Alex is incredibly patient and calm in a difficult situation. Unflappable, no matter the situation, with a great sense of humour. He is meticulous in his approach and prepares his cases very thoroughly. Polite but has an air of authority about him that clients appreciate”.
The Legal 500

“Alexander demonstrates exceptional legal knowledge and has a tactical approach to cases. His advocacy is skilful and compelling”.
The Legal 500

‘Diligent, organised, ambitious, responsive and a very competent advocate. ’
The Legal 500

“He has a chess player’s mind and excellent knowledge of the law.”
Chambers & Partners

‘He cross-examines opposing witnesses effectively, and develops a good rapport with co-defendants, which is important in multi-handed cases.’
The Legal 500

“A fantastic legal mind.”
Chambers & Partners

‘He meshes together civil, criminal and public law understanding to good effect.’
The Legal 500

“A very hard-working barrister.”
Chambers & Partners

‘A thorough cross-examiner.’
The Legal 500

“Practical and pragmatic.”
Chambers & Partners 

‘A calm and well-prepared prosecutor in extradition cases.’  
The Legal 500     

‘He meshes together civil, criminal and public law understanding to good effect.’
The Legal 500

“Very capable and very confident. He knows his stuff inside out.”
Chambers & Partners 

Seminars & Speaking engagements

• Market manipulation: risks arising from rumours, soundings and information (2018)
• Commentator on legal matters – Sky News and LBC (2017 and current)
• Introduction to Extradition Law; High Court Appeals & Judicial Review (2017)
  Professional Discipline lectures on reflection guidance, case-law update and High Court appeals (2016)
• Introduction to Insolvency law – delivered at Corpus Christi College, Oxford to visiting Brazilian judges and lawyers as part of a ‘Law in Britain’ event. Lecture comprised of an overview of the insolvency law in England and Wales with a particular focus on Public Interest Winding Up proceedings and asset tracing (2015)
• Somaliland Justice Sector Support Project – delivering Judge Craft Training in Hargeisa, Somaliland through the Horizon Institute and in conjunction with the Somaliland High Judicial Council. Funded though the UK Department For International Development (2015)
• Anti-Corruption and Fraud Legislation under English Law: Recent Developments (2013)
• In July 2008 he was an invited panellist at the international conference – “Extraditing Genocide Suspects from Europe to Rwanda – Issues and Challenges”, hosted by REDRESS at the Belgian Parliament. He addressed the conference on the topic of “Human Rights and Fair Trial Conditions for Extradition”. The conference was attended by Interpol officers, lawyers, judges, academics and international observers.

Privacy

Alexander adopts and adheres to the provisions of his privacy notice which can be accessed here.

further information

For further details of  Alexander’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No:39897
Registered Name: Alexander dos Santos
VAT Registration No: 778 0255 08