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  • 5 King's Bench Walk, Temple, London EC4Y 7DN
  • T: +44 (0) 20 7353 5638
  • clerks@5kbw.co.uk
  • Out of Hours: 07738 328059
  • DX: LDE 367 London
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Senghin Kong

“He has a phenomenal legal brain and very quickly gets to grips with the facts of a case. His preparation is unparalleled.”Chambers UK 2020

Call 2008

Practice Profile

Senghin specialises in privately funded criminal litigation and civil litigation with a criminal aspect to it. He has been ranked in the leading legal directory Chambers and Partners since 2019.

Senghin is renowned for his responsiveness and work ethic. Prioritising quality of service over quantity in his select caseload, he takes pride in being able to dedicate himself fully to each case. He understands that success in high-end litigation requires nothing less.

He is especially valued for his ability to manage, analyse and assimilate the masses of information generated by the largest investigations. Since 2017 he has represented the solicitor charged in the prosecutions arising from the criminal investigations into the Hillsborough disaster and its aftermath, which the CPS have publicly described as “the largest in English criminal history”.

Senghin is a barrister to whom other barristers turn in cases involving complex or novel points of law. From 2015 to 2017, he represented former Royal Marine Sergeant Blackman (Marine A) in his widely reported successful appeal against conviction for murder ([2017] EWCA Crim 190), following a successful application to the Criminal Cases Review Commission. Senghin is accordingly sought out by clients seeking to challenge their conviction or sentence.

He was appointed to the SFO Prosecution B Panel in 2017 and the CPS Grade 3 Panel in 2014. He spent several years working on the criminal investigation into manipulation of interbank lending rates, which was one of the largest ever conducted by the SFO. He has expertise in financial crime, bribery and corruption, corporate crime and proceeds of crime.

Senghin is sought out by clients involved in civil litigation for the expertise in advocacy he has earned at the criminal Bar. He represented a GP at trial and on appeal in the first contempt proceedings to be brought against a doctor in their capacity as a medical expert. The appeal judgment reported as LVI v Zafar [2019] 1 WLR 3833 is the new leading authority on the proper approach to sentencing for contempt arising from the making of false witness statements.

Senghin represents defendant insurers where dishonesty is alleged against the claimant and in related contempt proceedings and private prosecutions. He represented the insurer in the first contempt proceedings where the trial judge held that providing wholly dishonest information on a Claim Notification Form was capable of amounting to contempt (Zurich v Falkingham, 2019).

Selected Cases

  • Zurich v Falkingham, 2019, High Court QBD: Senghin represented Zurich in the first case where the trial judge, HHJ Harrison sitting as a judge of the High Court, ruled that providing wholly dishonest information on a Claim Notification Form was capable of amounting to contempt. This had previously been doubted by Warby J in Yavuz [2017] EWHC 3088 (QB). Whilst HHJ Harrison was not satisfied on the facts that Falkingham was responsible for the lies on the CNF submitted in his name, Falkingham was found to have committed contempt on the basis that he had instructed his then solicitors to bring a false ‘phantom passenger’ personal injuries claim, even though no claim was ever issued.
     
  • LVI v Zafar [2019] EWCA Civ 392; [2019] 1 WLR 3833: The judgment of Etherton MR, Hamblen and Holroyde LJJ is the new leading authority on the proper approach to sentencing for contempt arising from the making of false witness statements. Senghin appeared for Dr Zafar at trial and on appeal, where the sentence was found to be unduly lenient, but was not increased because the Court of Appeal agreed with the submission on behalf of Dr Zafar that it would be unfair to increase his sentence as a result of the new guidance being given. This was the first contempt case brought against a doctor in relation to his preparation of an expert medical report.
     
  • R v Blackman [2017] EWCA Crim 190: Senghin appeared for former Marine Sergeant Blackman at his second appeal against conviction for murder based on fresh evidence of diminished responsibility. This followed a successful application to the CCRC to refer the case for a second appeal. Exceptionally, the case was heard by a special 5-judge constitution of the Court Martial Appeal Court, including the Lord Chief Justice, the President of the Queen’s Bench Division and the Vice President of the Court of Appeal Criminal Division. The court allowed the appeal, substituting manslaughter for murder and imposing a reduced sentence which ensured Blackman’s speedy release.
     
  • R v S [2016] EWCA Crim 1908; [2018] 4 WLR 24: Senghin represented S at his successful appeal against conviction for rape as a result of an inadequate hearsay direction. This was the first reported case where the Crown’s case depended on hearsay evidence from an absent complainant who had retracted her original account to the police.
     
  • R v Anwar & Others [2016] EWCA Crim 551; [2016] 4 WLR 127: Senghin appeared for the Crown in this successful prosecution interlocutory appeal against a ruling that there was no case to answer on counts of attempted murder and possession of a firearm with intent. The President gave important guidance on the effect of Jogee on half time submissions. The trial continued following the expedited appeal and resulted in the conviction of all six defendants for possession of a firearm with intent.

Education

  • BVC
  • CPE
  • Philosophy, Politics and Economics, M.A. (Oxon), Balliol College

Regulatory

Senghin is a barrister regulated by the Bar Standards Board. In appropriate cases, Senghin may accept instructions directly from members of the public, without the need for a solicitor. Senghin’s Privacy Notice may be downloaded here.