Profile
Will is ranked in both Chambers & Partners and Legal 500, appearing in a wide range of tribunals at all levels. His expertise in both public and criminal law make him sought-after in a variety of areas.
Recent instructions range from deportation to deferred prosecution agreements; from asset recovery to applications to the Strasbourg Court, and from proscribed organisation litigation to prisoner repatriation. Will is regularly instructed to advise law firms and regulated entities on their obligations to report money laundering.
Appointments include the Attorney General’s panel for civil litigation and the panels maintained by the Serious Fraud Office. Will is an editor of Millington and Sutherland Williams on The Proceeds of Crime, a contributor to Blackstone’s Criminal Practice and has been published in Judicial Review and the Lloyd’s Law Reports.
“I’d have him as a junior anytime. He has fantastic instincts and unparalleled legal knowledge.”
Chambers & Partners
“Deep knowledge of POCA and the legal remedies available. Well-versed in bringing and defending challenges relating to the use of the state powers.”
Legal 500
“Calm … exceptionally bright … one of the go-to juniors”
Chambers & Partners
“Intelligent… a great eye for detail… a rising star”
Chambers & Partners
“William is rightly recognised as one of the leading POCA barristers currently practising. His advocacy is persuasive and well judged, and his manner with clients is warm, generous and reassuring.”
Legal 500
Expertise
Proceeds of Crime
Will is instructed on behalf of prosecuting authorities, defendants and third parties in connection with all aspects of proceeds of crime (criminal and civil). He regularly advises law firms and financial institutions on their reporting obligations under Part 7 of POCA. He acts in civil recovery proceedings both in the High Court and Magistrates’ Court. He is an editor of the 5th Edition of Millington and Sutherland Williams on the Proceeds of Crime. R v Guraj, Supreme Court, [2017] 1 WLR 22 (postponement of confiscation orders) led by Jonathan Hall QC Peacock v United Kingdom, ECtHR, Application no. 52335/12 (the right to property in confiscation proceedings) led by David Perry QC R v GH, Supreme Court, [2015] UKSC 24; [2015] 1 WLR 2126 (money laundering arrangements) led by Kennedy Talbot QC NCA v Khan (QBD) [2017] Lloyd’s Rep FC 153 (civil recovery of organised crime property).
Recent instructions include:
- Resisting a freezing order over the trading account of the CEO of a multinational oil company.
- Resisting proceedings for the forfeiture of bank accounts containing £20 million.
- Restraint proceedings arising from the multi-billion dollar 1MDB financial scandal in Malaysia.
- Restraint proceedings brought by the Financial Conduct Authority.
- Civil recovery proceedings following an acquittal.
- Representing property solicitor for alleged s.330 offence.
Will has substantial experience acting for corporations, particularly in connection with deferred prosecution agreements and prosecutions for bribery and corruption. He is a regular contributor to the Lloyds Law Reports (financial crime)
- R v Alstom Network UK Ltd [2019] 2 Cr. App. R. 34 (prosecuting company by an ‘absent’ director)
- R v A Ltd[2016] 4 W.L.R. 176(corporate attribution principle)
- Wood Group PLC (deferred prosecution agreement reached with the Serious Fraud Office).
Will acts for individuals, corporates and prosecuting authorities. He is a regular contributor to the Lloyds Law Reports (financial crime).
- R v Alstom Network UK Ltd [2019] 2 Cr. App. R. 34 (prosecuting company via an ‘absent’ director)
- R v A Ltd[2016] 4 W.L.R. 176(corporate attribution principle)
- R v AIL (A Company) [2016] EWCA Crim 2 | [2016] Q.B. 763 (overseas corruption)
- Wood Group PLC (deferred prosecution agreement reached with the Serious Fraud Office)
- NCA v X (civil recovery of proceeds of alleged corruption)
Will acts on behalf of the Law Officers in contempt proceedings, applications for civil restraint orders and related matters. He also accepts instructions on behalf of respondents to such applications.
- Solicitor General v O’Neill [2020] EWHC 498 (Admin) (breach of the ‘Venables injunction’ on Facebook).
- Attorney General v Pritchard [2020] EWHC 607 (QB) (audio recordings of criminal proceedings)
- Solicitor General v Hamilton Toogood (video recordings of criminal proceedings)
- Martin Murray v United Kingdom, ECtHR, Application no. 20391/16 (right to fair trial in Northern Ireland), led by Terence Mooney QC
- Peacock v United Kingdom, ECtHR, Application no. 52335/12 (the right to property in confiscation proceedings), led by David Perry QC.
- Latouche v CPS (alleged breach of Article 5 arising from detention on remand)
- McCarthy v CPS (alleged breach of Article 3 arising from failed prosecution)
Will acts in a range of immigration matters, principally in proceedings for judicial review or before the Special Immigration Appeals Commission.
- R(on the application of Contreras Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin) (asylum seekers’ right to work), led by Zain Malik QC
- R(on the application of C6) v Secretary of State for the Home Department [2021] UKUT 0094 (asylum seekers’ right to work)
- R(on the application of C1) v Secretary of State for the Home Department [2021] EWHC 242 (Admin); [2021] 3 W.L.R. 1 (out-of-country power to cancel indefinite leave), led by Robin Tam QC
- R(on the application of C1) v Secretary of State for the Home Department (deportation power pre decision on protection claim), led by Robin Tam QC
- R(on the application of C1) v Secretary of State for the Home Department (revocation of indefinite leave), led by Robin Tam QC
- A v Secretary of State for the Home Department [2020] EWCA Civ 858 (exclusion of organised crime group member) led by David Blundell QC
- MP (Sri Lanka) v Secretary of State for the Home Department (Supreme Court) [2017] 2 All ER 155 (reference by Supreme Court to ECJ on immigration/EU issue), led by Jonathan Hall QC.
- D5, D6, D7 (deprivation of citizenship / exclusion), led by David Blundell QC
Will regularly appears in the High Court and Upper Tribunal in applications for judicial review and in analogous jurisdictions such as the Special Immigration Appeals Commission and Investigatory Powers Tribunal.
High Court
- Duddy and others (challenge to decision not to prosecute Bloody Sunday paratroopers), led by Dr Tony McGleenan QC
- R(on the application of Contreras Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin) (asylum seekers’ right to work), led by Zain Malik QC
- R(on the application of C1) v Secretary of State for the Home Department [2021] EWHC 242 (Admin);[2021] 3 W.L.R. 1 (out-of-country power to cancel indefinite leave), led by Robin Tam QC
- R(on the application of O’Brien) v Independent Adjudicator [2019] EWHC 2884 (Admin); [2020] 1 W.L.R. 1393 (power of independent adjudicator to refer allegations to the police).
- Cregan v Ministry of Justice (procedural fairness in prison adjudication)
- David v Ministry of Justice (interaction of licence conditions with deportation order)
- Sporon-Fiedler v v Ministry of Justice (early release scheme and confiscation orders)
- R(on the application of AC) v DPP [2018] EWCA Civ 2092 | [2019] 1 W.L.R. 917 (challenge to CPS policy of reviewing prosecution decisions)
- Emu v Westminster Magistrates’ Court [2016] EWHC 2561 (Admin) (calculation of default term)
- Amber Services Europe Ltd v Director of Border Revenue [2015] EWHC 3665 (Admin); [2016] 1 WLR 1889 (seizure powers over tobacco)
Investigatory Powers Tribunal
- Privacy International v Secretary of State for Foreign and Commonwealth Affairs [2021] EWCA Civ 330; [2021] 2 W.L.R. 1333 (use of MI5 agents involved in criminality)
- Jones and others (erroneous RIPA warrants)
Special Immigration Appeals Commission/POAC
- B9 (exclusion of organised crime group member), led by Robert Palmer QC
- BMB (naturalisation)
- Re: proscription of LTTE, led by Ben Watson QC
- Attorney General’s Panel for Civil Litigation (A)
- Serious Fraud Office Panel of Counsel
- Crown Prosecution Service Prosecutor
- Blackstone’s Criminal Practice
- Lloyd’s Financial Crime Law Reports
- Millington and Sutherland Williams on the Proceeds of Crime
To view William Hays’ Privacy Notice, please click here.
Notable cases
R v Varma
A Supreme Court case which decided that a conditional discharge may be coupled with a confiscation order.
Re Peacock
A Supreme Court case which decided that a confiscation order may be increased with reference to assets subsequently and legitimately...
R (Seroka) v Redhill Magistrates' Court
A complex High Court challenge to a speeding conviction concerning the admissibility of evidence produced by the LTI 20-20 Speed Scope...
R v Q
Concerning the correct approach to sentencing young persons to detention and training orders.
R (E) v Governor of Hatfield Prison
Concerning whether a default term for non-payment of a confiscation order may be back-dated.
R v Jawad
Concerning whether the combining of a compensation order with a confiscation order amounts to impermissible “double recovery”.
MP (Sri Lanka)
A Country Guidance case in relation to Tamil asylum seekers.
Related news
Recorder Appointments 2024
6KBW College Hill are delighted to announce Peter Ratliff, Will Hays and Alistair Richardson have been appointed as Recorders. The King has appointed 3 members of Chambers to sit as Recorders on...
The second edition of National Security Law, Procedure and Practice has been published by Oxford University Press
Alison Morgan KC, Rosemary Davidson, Will Hays, and Karl Laird are all contributors to the second edition of National Security Law, Procedure and Practice that has been published by Oxford University...
Millington and Sutherland Williams on The Proceeds Of Crime
The Sixth Edition of 'Millington and Sutherland Williams On The Proceeds of Crime' edited by our Paul Jarvis and William Hays has been released.
Authorised Criminality
David Perry QC and William Hays recently acted for the Respondents in a challenge to the Security Service’s policy whereby its agents may, in certain circumstances, become involved in criminal...
