Practice Profile

Felicia Davy is highly regarded as a busy practitioner, experienced in all aspects of criminal and regulatory law.

e-Mail: Felicia.Davy@CharterChambers.com

Specialist Defence Practice
Felicia specialises in defending serious crime; in particular complex and serious fraud, rape/serious sexual offences, large scale drug trafficking offences, POCA/confiscation/ asset recovery orders and offences against the person.

She also has experience of advising in respect of Financial Services Authority investigations pre and post charge both in respect of regulatory and criminal proceedings (e.g. FSMA offences; allegations of “boiler room” fraud; market abuse; breaches of FSA Regulations and civil settlements with the RDC/FSA).

Felicia is experienced in preparing and presenting multi-handed, substantial and complex cases (including VHCC cases) and is frequently required to advise on, draft skeleton arguments and make oral applications in respect of applications to dismiss, abuse of process; RIPA (lawfulness and admissibility of covert/obtrusive surveillance); custody time limits; third party disclosure and PII hearings.

Other areas of work include prison law (adjudications, parole board hearings, prisoner recall); VAT tribunals; and police disciplinary work.

Prosecution Practice
Felicia regularly prosecutes as a Grade 3 approved advocate on behalf of the Crown Prosecution Service (London, Surrey and Sussex).

She is also an approved C list advocate on the Attorney General’s Panel of Prosecutors. As such, Felicia regularly prosecutes on behalf of a number of government departments including RCPO (e.g. drug trafficking offences; MTIC and carousel fraud; Duty and Tax evasion, all aspects of confiscation, asset recovery, restraint and related matters).

Felicia is on the DTI’s (DBERR’s) list of preferred counsel. She therefore has considerable experience of prosecuting and advising (pre and post charge) in cases involving fraudulent trading; Insolvency Act, Companies Act and Director’s Disqualification Act offences. Felicia is experienced in working both with DTI lawyers and their agent solicitors, liquidators, and accountants as well as reviewing often voluminous material generated and associated with investigations of this kind in preparing their cases.

In addition Felicia is frequently instructed to conduct private prosecutions and regulatory breaches on behalf of Local Authorities including Westminster City Council; Kingston Borough Council; and Three Rivers District Council. This aspect of Felicia’s practice encompasses the full range of local government litigation, including benefit fraud, food hygiene and food safety, licensing, Education Act offences, Trade Descriptions Act offences, planning breaches/enforcement; noise nuisance; and ASBOs.

Cases

Reported Cases:

R (on the application of B) –v- Richmond upon Thames Youth Court [2006] EWHC 95 Admin (Judicial Review of the decision to commit a 12 yr old boy with learning difficulties charged with Rape).


Other Notable Cases:

Jnr defence counsel in R –v- M and others (2007/8) (multi-million pound international drug trafficking conspiracy; money laundering and mortgage fraud. Case involved complex legal arguments including the admissibility of foreign intercept evidence, applicability of Dutch criminal code in respect of intercept evidence; RIPA arguments in relation to UK surveillance; autrefois acquit; admissibility of bad character of alleged co-conspirators tried abroad for separate offences. Associated money laundering and mortgage fraud trial pending) (VHCC);

Jnr defence counsel in R –v- K and others (2007/8) (multi-handed conspiracy to pervert the course of justice based upon allegedly false alibis provided by defendants for main defendant charged with knifepoint stranger rape. Case involved significant abuse of process argument related to the involvement and conduct of the counter-terrorist command in relation to the investigation;

Jnr defence counsel in R –v- Chandler and others (2007) (multi-handed large scale conspiracy to supply class A; money laundering; possession of a firearm);

Jnr Prosecution counsel in R –v- Hill and Robinson (DBERR Prosecution) (2007/8) (Fraudulent Trading under the "Buy to Let scheme" involving husband and wife defendants. Complex confiscation proceedings ongoing);
Re S (2007) (Advised the European Union in relation to the fraudulent obtaining and use of EU monies intended to part fund research into the building of boats up to 50 metres long. Legal issues included: cross jurisdictional issues; breach of contract; fraudulent trading; constructive trusts; tracing of assets; director liability and director disqualification; piercing the corporate veil; restraint orders; impact of ongoing DTI/criminal proceedings on parallel civil proceedings; confiscation);
Jnr defence counsel in R -v -Ghuman and others (2006/7) (Large scale “people trafficking” conspiracy) (VHCC);

Jnr prosecution counsel in R –v- Mahmood and others (2006/7) (DTI prosecution brought in respect of insolvency act offences);

Defended in R –v- Scott-Hubbard and another (2006/2007) (Large scale commercial “Chip and Pin” fraud – first prosecution of its kind);

Jnr defence counsel in R –v- Benham and others (2006) (£5million Robbery from Heathrow Airport) (VHCC);

Defended in R –v- Wallace (2006) (Born again/celibate Christian accused with “date-rape” of the daughter of a fellow parishioner);

Defended in R –v- Dunlea (2006) (Defendant accused of raping his common law wife);

Jnr defence counsel in R –v- Woodhouse and another (2005) (Tax credit fraud – test case brought against employer in respect of employees’ fraudulent claims);

Jnr defence counsel in R –v- Mann, (2004/2005) (multi-million pound mail house fraud) (VHCC);

Jnr Prosecution counsel in R –v- Chinyoka (2003) (double complainant rape – cases joined under old similar fact principles);

Jnr prosecution counsel in R –v- Patterson and others (2003) (attempted murder by three juvenile defendants - "the thirty penalty kicks" case, heard at the Central Criminal Court).