Rajesh Pabary

Year of Call - 2002

Full Profile

Rajesh  is an experienced practitioner who is regularly instructed to advise on and appear in a broad range of civil, criminal and immigration cases. Recognised as a resourceful negotiator and advocate. He has significant experience and success in the presentation of cases to juries and tribunals.

He regularly appears on behalf of the major prosecuting authorities and on behalf of leading defence solicitors in the crown court and appellate courts. He advises and prosecutes on behalf of Trading Standards departments, DVSA, SERCO and the DWP throughout the United Kingdom. In regulatory work he has a wide range of experience in the civil courts and tribunals, and in judicial review.

Rajesh has become a specialist in matters concerning paper heavy fraud, road transport law and financial regulation. He has been instructed by the SFO on a number of high profile cases concerning fraud, bribery and corruption. He has been instructed by the FCA to review evidence and advise on cases concerning money laundering regulations and financial regulations governing financial promotions.

Rajesh is regularly instructed by the DVSA to advise on and prosecute MOT, tachograph and driving theory/practical test frauds. He has represented the DVSA in the high court and at public inquiries.

Corporate and Financial Crime

Rajesh represents professional and corporate clients facing high-profile allegations of corporate and financial crime including: rate manipulation; all types of fraud including tax fraud; tax evasion; bribery and corruption; and corporate health and safety breaches. He is instructed by firms who demand impeccable tactical planning and precise advocacy. He has been instructed in some of the SFO’s and FCA’s most significant prosecutions and investigations.

Rajesh brings tactical insight, intellectual ability and expert advocacy to bear in cases frequently involving complex and voluminous evidence and legal issues. He defends corporate clients and professionals who require impeccable preparation and case presentation in respect of financial crime and regulatory allegations; he also prosecutes in complex fraud and has experience as Independent Counsel dealing with matters of LPP. He is often engaged from the earliest stage of an investigation, throughout, until conclusion.

Rajesh has acted for HMRC in forfeiture proceedings against a MSB hiding £100,000 in cash.

Rajesh has defended in one the country’s largest VAT frauds.

Road Transport Law

Rajesh has been representing companies, individuals and prosecuting authorities in all aspects of road transport law for 17 years. He has a acquired an excellent knowledge base and is an ideal position to represent anyone facing a criminal prosecution by the DVSA or a public inquiry.

Rajesh has dealt with matters concerning Tachograph Fraud, Driving Licence Fraud and MOT Fraud. Recently he has prosecuted a defendant on 9 counts of fraud. The matter concerned the sale of recalled motorcycle parts.

Rajesh has dealt with issues concerning recovery vehicles; vehicles carrying waste; vehicles carrying a dangerous load and with overloading offences. He has dealt other offences that concern the state of a transport vehicle.

Rajesh has represented VOSA/DVSA and individuals at public inquiries and appeals from those inquiries. He has dealt with issues concerning the seizing of limousines and the suspension of operating/HGV/PSV licences.

Rajesh has argued issues concerning road transport law in the High Court.

General Crime

Rajesh prosecutes and defends serious general crime cases. He is forensically astute, dealing with the most complex evidence and he is adept at dealing with extremely difficult legal issues. Rajesh is well placed to defend professionals as investigations by regulating agencies move into the criminal sphere. He also has experience of defending and prosecuting private prosecutions.

Prosecution

Rajesh has prosecuted on behalf of the Crown Prosecution Service. He has

secured convictions against defendants committing fraud, serious violence and drugs
offences.

Rajesh is noted as a leading Counsel in prosecutions of Trading Standards offences for Breach of
Copyright, Counterfeit goods and Trademark infringements.

Rajesh has prosecuted on behalf of the National Probation Service and Prison Security Services for breaches of Community and Curfew Orders imposed by the Criminal Courts.

Rajesh has prosecuted benefit fraud cases on behalf of the Department for Work and Pensions.

Rajesh has conducted complicated confiscation proceeding for Kent County Council.

Rajesh has been instructed by HMRC to conduct forfeiture proceedings and to review a court of appeal corruption case.

Defence

Rajesh has developed a substantial practice representing clients in all courts in the United Kingdom.

Rajesh’s trial experience includes Attempted Murder, Kidnap, Prison Riots, large scale Violent Disorder, serious Sexual Offences, Fraud, Robbery and Conspiracy to supply class A drugs.

He has an impressive record of appeals against conviction and sentence in the Criminal Court of Appeal

Family law

Rajesh has represented parent and grandparents in public law matters which have involved fact finding hearing relating to significant harm caused to children.

He has represented husbands and wives in financial relief cases.

He has represented parents in private law contact cases and cases involving applying for non-molestation orders and occupation orders.

Immigration

Rajesh has resolved applications for political asylum, spouse and family visas and permanent settlement.

Significant experience in cases involving Civil Rights and Human Rights abuses.

Represented clients from an expansive list of countries in Immigration Appeals hearings.

Civil

Rajesh is regularly instructed on behalf of Trading Standards departments throughout the United Kingdom.

Advised on civil complaints, breaches of consumer protection legislation and breach of contract.

Successfully obtained enforcement orders against traders for infringements of domestic and European Community legislation.

Advised and appeared on behalf of HMRC in forfeiture proceedings involving substantial sums.

Advised and appeared on behalf of DVSA at public inquiries and on appeal from those inquiries with great success.

Outstanding record of favourable verdicts and settlements.

Memberships

Member of the Honorable Society of Lincoln’s Inn, London

Former Co-ordinator of the Lecture Programme at 7 Bell Yard [CPD accredited] (2002 to date). Providing lectures on specialist topics including the Enforcement of LGV PSC license infringements, Human Rights and Criminal Sentencing.

Languages

English

Cases of note

  • banking and finance law
    SFO (2020)

    Rajesh is currently instructed as disclosure counsel on a case concerning an multi-jurisdictional oil industry fraud.

    FCA (2019 -2020)

    Rajesh has been instructed to review and advise on evidence relating to misleading financial promotions made by a financial institution, which has caused thousands of investors to lose money.

    FCA (2019 - 2020)

    Rajesh was instructed to advise on the extradition of an individual who is suspected of being in charge of a financial firm making millions of pounds by breaching money laundering regulations. Rajesh also worked with a team to advise on whether to pursue criminal offences or regulatory sanction.

    SFO v Barclays Bank and others (2019)

    Instructed by the SFO as disclosure counsel on a case concerning the 2008 capital raising from Qatar.

    SFO v Sarclad Ltd and others (2019)

    Instructed as disclosure counsel in an SFO investigation concerning allegations of bribery and corruption in relation to contracts secured by Sarclad Ltd. The case resulted in a Deferred Prosecution Agreement between the SFO and the company and the prosecution of three individuals.

    SFO v Güralp Systems Ltd and others (2019)

    Rajesh was instructed by the SFO on a case focusing on alleged corrupt contracts in South Korea. The case resulted in a Deferred Prosecution Agreement and the prosecution of 3 defendants.

    DVSA v Knights and Noonan (2019)

    Advised on and then successfully prosecuted the owner of a Haulage Company who conspired to create false records with his Transport Manager.

    DVSA v Bradley Gardener Ltd (2019)

    Successfully prosecuted a company for permitting its drivers to create false records.

    DVSA v VB Transport (2019)

    Successfully prosecuted a company for permitting its drivers to create false records.

    DVSA v Classic Restoration and Services Ltd. (2019):

    Rajesh represented the DVSA at the High Court where was listed to determine the definition of a recovery vehicle.

    R v Headman (2018) (Court of Appeal)

    Rajesh successfully appealed the sentence of a defendant who was convicted after trial of a benefit fraud that cost the taxpayer tens of thousands of pounds.

    R v Ali (2018)

    Rajesh successfully defended a defendant who was accused of stealing over a £100,000 worth of IPADs from his employer.

    DVSA v Stilprime Ltd (2016)

    Successfully prosecuted a company for operating a vehicle with a dangerous load, namely scaffolding.

    Operation Whippet (2014)

    Successfully prosecuted 15 defendants for a conspiracy to create false records. Advised from the outset on the buildings of a case, drafted charges and advised on the evidence. All 15 defendants were convicted.

    R v Rajput (2014)

    Rajesh successfully represented a defendant accused of a half a million pound credit card fraud.

    DVSA v Oslter Carriage Company (2013)

    Prosecuted a company for the creation of false MOT certificates.

    DVSA v Funtimes Hire Ltd (2013)

    Rajesh successfully prosecuted a company for operating a HGV without an operator licence and without using a tachograph. The issue concerned the definition of a showman's vehicle. The defendant was found guilty after trial.

  • regulatory and disciplinary law
    DVSA v Appau (2019)

    Rajesh advised on and then prosecuted a defendant for Conspiracy to commit Fraud. The defendant was convicted of conspiring with another to cheat the driving theory test.

    DVSA v Frobisher (2019)

    Rajesh successfully prosecuted the defendant for instructing another to take her practical driving test.

    DVSA v Read (2019)

    Rajesh successfully prosecuted the first ever case of fraud concerning the sale of recalled motorcycle parts.

    DVSA v Gill and Others (2018)

    Successfully prosecuted several defendants for tachograph fraud.

    Traffic Commissioner v Stuart McMurchy & Sons Ltd (2016)

    Rajesh successfully represented a respondent who was called before the traffic commissioner to review his operator licence because of repute issues.

    DVSA v Barrington Fuller (2014)

    Rajesh successfully prosecuted a person operating a company that removed vehicles from airports. The case concerned the definition of a recovery vehicle. It was successfully argued by the prosecution that the defendant was not removing a disabled vehicle and as such was required to have an operator licence for his business.

    VOSA v United Limos (2012)

    Rajesh successfully represented VOSA before the Traffic Commissioner. They were defending an application by United Limos to recover their Limousines. The Limousines were retained.

  • criminal law
    R v Innocenti (2018)

    Rajesh ably represented the defendant who faced an indictment alleging that she Conspired to Supply class A drugs. The case involved the analysis of thousands of pages of telephone evidence. The Crown were forced not to proceed with the case.

    R v Farmer (2018)

    The defendant received a non custodial sentence for her part on a money laundering offence involving thousands of pounds.

    R v Duncan (2018) (Court of Appeal)

    Successfully appealed the sentence of a defendant convicted of Child Cruelty.

    R v McColm (2017)

    Successfully represented a young defendant facing an indictment charging Conspiracy to Rob with 10 others. The defendant was acquitted of conspiracy to rob and was convicted of violent disorder after a 2 month trial.

    R v Wong (2017)

    Successfully represented a defendant charged with stranger Rape. The defendant was found not guilty.

    R v Adeola (2017)

    Successfully applied to vacate the plea of a defendant charged with the unauthorised provision of immigration services.

    R v Frampton (2017)

    Represented a defendant charged with 3 others for a Conspiracy to Produce class B drugs. They were running several cannabis farms.

    R v Anderson (2017)

    Represented a defendant facing an indictment charging him and several others for Conspiring to Produce class C drugs. They were running a multi - million pound steroid factory.

    R v McKnight (2016)

    Represented a defendant charged with Importing class A drugs.

    R v John Bell (2016)

    Represented a defendant charged with Arson with Intent to Endanger Life. He was said to have set fire to a flat where two elderly residents were living. The defendant was found unfit to enter a plea. There was a trial of issue after which the defendant was found not guilty.

Shortlist ( )

Criminal Law

Business Crime

Extradition

Immigration Law

Regulatory and Disciplinary Law

Sports Law