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  • 5 King's Bench Walk, Temple, London EC4Y 7DN
  • T: +44 (0) 20 7353 5638
  • clerks@5kbw.co.uk
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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 / regulatory litigation with a criminal aspect to it. He has been ranked in the leading legal directory Chambers and Partners since 2019.

Senghin takes pride in giving every client his very best. He understands the demands of litigation where the stakes are at their highest. He prioritises quality of service over quantity in his select caseload. He is renowned for his work ethic and responsiveness.

Clients value 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 often instructed on behalf of professionals facing criminal proceedings, from technical road traffic matters to high value fraud to serious sexual offences.

He is a barrister to whom other barristers turn in cases involving novel and complex points of law. He is instructed by clients wishing to challenge their conviction or sentence. From 2015 to 2017, he represented former Royal Marine Sergeant Blackman in his widely reported successful second appeal against conviction for murder, following an application to the Criminal Cases Review Commission.

Senghin spent 3 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 been appointed to the SFO Prosecution B Panel and the CPS Specialist Fraud Panel, Serious Crime Panel and General Crime Panel at Grade 3. He also represents private prosecutors.

He has defended in and prosecuted complex, lengthy, multi-handed fraud trials and associated confiscation and restraint proceedings. He has advised pre-charge in relation to individuals and corporates suspected of international bribery and corruption, fraud and money laundering.

Clients involved in civil and regulatory litigation instruct Senghin for the expertise in advocacy he has earned at the criminal Bar. He represents defendant insurers where dishonesty is alleged against the claimant in personal injury proceedings and in related contempt proceedings. He represented Dr Zafar in Liverpool Victoria Insurance v Zafar [2019] 1 WLR 3833 which is the leading authority on the proper approach to sentencing for contempt arising from the making of false witness statements. Senghin has advised in relation to Ofcom broadcast regulation. He has appeared at Inquests, before the Employment Tribunal and before the Tax Tribunal.

Senghin heads the IT committee in Chambers and is sought out for his technical proficiency in cases involving cybercrime, digital forensic experts, complex digital exhibits and extensive electronic evidence accessed through specialist document review software

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 false 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). All three defendants were found to have committed contempt on the basis that they had instructed their then solicitors to bring false ‘phantom passenger’ personal injuries claims, even though no claims were ever issued. Two of the defendants were also found to have committed contempt on the basis that they had provided false information on their Claim Notification Forms.
     
  • 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 represented 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. Leveson P 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 to commit robbery.

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, he may accept instructions directly from members of the public, without the need for a solicitor. His Privacy Notice may be downloaded here.