Francis Hoar

Called 2001 (Lincoln's Inn)

LLB. (Bristol): Law (2:1 (Hons))
John Colston Award for international debating, Bristol University(2000)
Hardwicke Scholar, Lincoln’s  Inn(2000)
Thomas More Bursar, Lincoln’s Inn(2000)
Pupillage Scholar, Lincoln’s Inn(2001)

Main Areas of Practice

Commercial
Fraud and Asset Recovery
Public Law and Human Rights
Personal Injury and Credit Hire
Employment
Property

Professional Memberships

South East Circuit
Criminal Bar Association 

Profile

Francis practises in all areas of commercial law and public law, in addition to personal injury, employment and property.  Having previously practised in general criminal law, he now specialises in areas of law that cross the criminal and civil divide, including especially civil and criminal fraud and asset recovery. His public law practice includes the areas of local government, prison law, mental health and immigration.
Francis is able to accept instructions directly from members of the public within his specialist practice areas.

Commercial
Francis is instructed in all areas of commercial law, including contractual disputes, sale and carriage of goods, credit hire, professional negligence and consumer credit.  Recent cases include:

• A £1.5 million commercial dispute over the restitution of monies paid ancillary to rent, involving applications before the High Court for freezing injunctions.

• A contractual dispute between a solicitors firm and a supplier worth £60,000

• A professional negligence action by a business against an accountant on the grounds of his failure to advise of their liability for VAT.

• A number of disputes between recruitment agencies and companies over the payment of commission charges.

Fraud and asset Recovery

Civil/Criminal Fraud:  Francis is well placed to act in cases that cross the civil and criminal divide.  In addition to his commercial experience, he has a background of criminal advocacy in cases including of fraud, rape and serious violence.  Recent cases have included:

• Currently instructed in a five day High Court trial involving fraud by both agents and employees.

• Acted for an employment agent in a fraud involving contractors, other agents and employees.

• R v Manifold & Others: Leading junior against two Queen’s Counsel in a five week criminal fraud trial in which his client was co-accused with a solicitor.

Asset Recovery: Regularly instructed to apply for freezing injunctions and other interlocutory orders in commercial cases.
Since being seconded to the Asset Forfeiture Department of the Revenue and Customs Prosecution Office in 2007, Francis’s asset recovery practice has developed in both civil and criminal and acting both for the Government and for defendants. His High Court practice has involved post-conviction confiscation orders (including inMTICfrauds and drug conspiracies), pre- and post-conviction applications, including restraint, receivership and third party applications and applications for uplifts and reductions on the grounds of inadequacy.  He also acts in civil recovery actions under the Proceeds of Crime Act.

Public Law and Human Rights

Local Authorities: Francis regularly acts for and against local authorities, particularly in housing matters.  He has a particular expertise in applications for injunctions against council tenants under the Housing Act 1996.

Election Law: Francis provides discreet advice to constituency parties in a major political party.  He acts for councillors in actions under the Representation of the People Act and also acts in internal party disciplinary proceedings, most recently acting for a constituency party before the national Board of a major political party.  He is the author of an article in the Modern Law Review on the recent Woolas Election Court decision.

Prison Law: Francis acts for prisoners in cases before the Parole Board, in disciplinary proceedings and in civil claims against the state for miss-treatment in prison.  His cases in 2009/2010 involved a life prisoner 20 years over his tariff and two prisoners convicted of rape on indeterminate sentences.

Immigration:  Francis is regularly instructed, for companies and individuals, in commercial immigration applications.  These include work permit appeals and County Court appeals against penalties for the employment of illegal workers.  Francis is currently instructed by a college at risk of a penalty in consequence of its alleged failure to abide by controls on its immigrant entrants. Francis acts in family immigration and asylum cases.

Court of Protection: Francis acts for individuals, local authorities and other public bodies.

Other Public Law/Cases involving public bodies:  Francis acts for defendants in civil actions against the police, including wrongful arrest, miss-treatment and malicious prosecution.  He acts in the area of mental health.  With his criminal and human rights background, he is well placed to advise in related cases affecting the liberty of the subject.

Personal Injury and Credit Hire 

Francis represents claimants and defendants in all areas of personal injury.  His cases range from standard fast track road traffic cases to complex cases involving issues such as work-place bullying, psycho physiological illness and carbon monoxide poisoning.  He is well placed to act and advise from the earliest stages, when issues such as permission to instruct experts may be of critical importance.

Employment

Francis is regularly instructed, at all levels, in the areas of restraint of trade, unfair dismissal, breach of contract, redundancy and discrimination.  He also has a closely related practice acting for claimants and defendants in claims for commissions brought by employment agencies.  With his past extensive experience in criminal trials, Francis is known for his skill as a cross-examiner, as well as in presenting complex legal argument.  His practice is also enhanced by his extensive experience of discrimination and human rights issues in his public law cases and his contractual and commercial case-load.  Francis writes and lectures on employment law, recently appearing in an advocacy training event on redundancy for solicitors, as well as producing a webinar on 'Pursuing and Defending Claims under the Equality Act' 

Property

Francis acts for and advises both sides in commercial and residential landlord and tenant matters, including in cases of disrepair and harassment.  He has a particular expertise in criminal and civil unlawful eviction actions and recently acted in two substantial trials, one a criminal trial acting for a local authority, the other a civil action acting for a tenant.  Francis also acts in probate cases; he is currently instructed in a dispute over an estate worth around £1 million in which the principal issue is capacity.

Additional Professional Information

Elected member of the Committee of the Criminal Bar Association, 2007-2010, in which position he drafted a large number ofCBAresponses to Government consultations relating to law reform;

Interests include running (Francis ran the Flora London Marathon in 2008 and raised £2,500 for Cancer Research); skiing, riding, singing and politics

Publications & Media
 
'How to save your seat' Local Government Lawyer, June 2011. Francis Hoar looks at the implications for election candidates at all levels of government after the first MP is ejected from the Commons in 100 years.
‘Public or Personal Character in Election Campaigns’: A Review of the Implications of the Judgment in Watkins v Woolas’, Modern Law Review Vol 74, Issue 4, June 2011;
Author of a chapter on a British Bill of Rights in ‘The State of Liberties in Modern Britain’ (Biteback Publications, 2010)
Regularly appears on Radio Five Live’s Victoria Derbyshire show, most recently to discuss two newsworthy immigration decisions;
 ‘There’s no Justice in Anonymity’ Counsel, 2008
‘Serving Justice’ (article on the role of the Lord Chancellor), Counsel, 2007.

If you would like any further information regarding Francis Hoar's practice, please contact his clerks or call +44 (0)20 7405 6114.