Mark Himsworth

Email

Mark is on sabbatical at present and and therefore not accepting any instructions. He looks forward to returning to practise in 2018. Mark is regularly instructed in trading standards, planning, environmental, fraud, finance, consumer safety and other complex regulatory matters of gravity. He advises and represents prosecuting authorities and defendants on CJA and PoCA restraint and confiscation issues at all stages of investigation and prosecution and has extensive experience of prosecuting multi-agency litigation.

Since 2014 Mark has been retained by a major bank in respect of consequential loss claims arising out of the FCA review into the sale of Interest Rate Hedging Products. Mark is also presently instructed in the prosecution of a multi-million pound conspiracy to defraud which is likely to result in at least three multi-handed trials.

Mark's serious crime practice involves the prosecution and defence of serious allegations including those of violence, sexual offences, fraud and drugs. He is a level-3 CPS prosecutor and approved to prosecute rape and other serious sexual offences. He also defends extradition cases, defends at Courts Martial in the UK and abroad and conducts Judicial Review and appellate work in the Administrative Court and in the Court of Appeal respectively.

"put his submissions with great clarity and extremely ably" Latham LJ 

"excellent submissions" Ouseley J

Mark is a CPS advocacy assessor and Middle Temple advocacy trainer who regularly provides bespoke training to solicitors for the defence and prosecution, as well as investigators.

Mark is a registered pupil supervisor and is a member of the Criminal Bar Association and of the South-Eastern Circuit."

Read more

Specialisations

Local Authority & Consumer

X - Leading Chambers' Rebecca Channon, successfully prosecuting 4-week trial of 2-handed £5.3m internal fraud against major London local authority. Advising throughout investigation and pre-charge, including on restraint and confiscation. Over 10,000 pages of evidence.

Magre - 6-figure procurement fraud against local authority, tried at the Central Criminal Court.

Advising throughout investigation and prosecution, including confiscation. Wokingham BC v X 4-defendant Crown Court prosecution for serious and persistent offences under the Town and Country Planning Act.

Thames Water v LB Hounslow. Appeal against the issuance of enforcement notices under s80(3) Environmental Protection Act 1980 compelling the appellant company to undertake works and introduce new systems of operation at 55-hectare sewage treatment works.

LB Redbridge v X First Instance prosecution (and subsequently defending appeal, followed by Judicial Review of appellate court finding) of House in Multiple Occupation prosecution under Housing Act 2004.

R v X - Prosecution of landlord in his appeal against conviction and sentence for failing to comply with a s11 Housing Act notice issued on the basis of dangerous building alterations.

Designwell v LB Hammersmith and Fulham. Responding in an appeal against issuance of enforcement notice under s80 Environmental Protection Act 1990 in complicated case involving expert evidence in respect of water ingress from car park above the complainant’s property and damp caused by inherently poor building design.

LB Newham v McCreadie Hotel. Prosecution of a large hotel/hostel establishment for alleged multiple and serious breaches of the Housing Act 2004 and Management of Houses in Multiple Occupation (England) Regulations 2006. Complex and novel legal argument over definition of "House in Multiple Occupation".

R v K - instructed to advise and represent London Local Authority in multi-agency prosecution of benefit fraud of over £43k committed by husband and wife team which attracted national press coverage.

LB Havering v London Europe Ltd - Prosecution under Consumer Protection Act 1987 and Electrical Equipment (Safety) Regulations 1994 against company retailing electrically unsafe appliances.

R v Hooper - Prosecuting for London Local Authority Trading Standards Department in case involving in excess of £200,000 worth of illegally-copied CDs and DVDs.

LB Camden v X - Prosecuting one of a chain of London restaurants for serious food safety offences. Defended by Brendan Kelly QC.

R v Kolendowicz - Prosecuting 7-year multi-identity benefit fraud on behalf of two London Boroughs and the DWP, in which defendant initally purported to be 'mute by the visitation of god'. Total overpayment over £92,000. Confiscation (under CJA) in excess of £225,000 plus costs.

LB Camden v X. Trial for offences under the Consumer Protection from Unfair Trading Regulations 2008. A roofing company were alleged to have used aggressive businesses practices, including veiled threats and demands for immediate payment, against a corporate solicitor and his wife.

R v X - Prosecuting £250,000 multi-identity fraud for Local Authority in case involving sophisticated identity document forgery.

Sheffield City Council v X - Prosecution under the Enterprise Act for persistently poor trading practices.

Serious Crime

C - First ever trial of servitude and forced labour allegations under s71 Coroners and Justice Act 2009.

X - Attempted arson with intent to endanger life, allegedly committed by man pouring petrol over ex-mother-in-law's house, within which 3 adults and a 6-month-old.

Y - Arson with intent to endanger life. Fire started late at night at home of autistic victim who was cross-examined via an intermediary. Acquitted. Free - 7-figure confiscation proceedings at first instance and on appeal in a case investigated by National Terrorist Financial Investigation Unit within SO15 at New Scotland Yard.

X - Defending in allegation of causing death by careless driving attracting national press attention in which deceased was 9-year-old pedestrian. Cooper - Defending in s18 (wounding with intent) case in which defendant alleged to have used full-size axe to assault complainant.

X - Led by David Robson QC defending 18-year-old of good character accused of rape and sexual assault. 17 counts of rape, sexual assault and false imprisonment with four complainants. X - Primary school teacher charged with possession with intent to supply ecstacy, ketamine and 1/2 kilo of cocaine, together with money laundering (over £45,000 in cash). Acquitted.

X - Secondary school teacher accused of a number of sexual offences committed against a 13-year-old pupil. T - Crown Court and Court of Appeal representation as well as Judicial Review of CPS decision to persist in prosecution of a young man for s5 SOA 2003 rape of a child instead of an offence contrary to ss.9 and 13, in circumstances where sexual intercourse was willing on both sides and where the Crown accepted the 17-year-old defendant believed the complainant to be 15 years old.

A - Appearing for the defence. Allegation of two s18 offences (wounding and GBH) by defendant claiming self-defence but conceding having armed himself with an axe and deployed bleach into the complainant's eyes. Acquitted.

L - Appearing for the defence in a rape allegation. Chelmsford Crown Court. Acquitted. A (and others) ('Operation Overamp') - Led junior counsel in 3-month VHCC terrorism trial. Allegations related to "The Bridge to China Town" arrests and terrorist training in the New Forest and Lake District. Woolwich Crown Court.

X - credit card fraud valued at over £1million involving bulk orders of vintage wines, champagnes and designer clothing from France and Italy.

F - defending 43-year-old of good character on allegation of causing the death by dangerous driving of his pillion passenger, who was his 13-year-old daughter.

X - Indecent images case involving professional family man. Acquitted at close of prosecution case after technical cross-examination of expert.