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Experience, Integrity, Results

CONSILIUM

LAW,FIRM

Our Latest Works

About Us.

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CONSILIUM LAW FIRM has derived its name from the latin word ‘Consilium’ which literally translates to Sound Counsel or Good Advice.

Consilium Law Firm is one of the very few Law Firms from Goa by Goans. This has its advantages, as the Legal experts are abreast with the latest laws as well as the local knowledge, sentiments and pulse of the society which culminate in formation of resultant Government Policies which play a predominant role for functioning of any business or carrying out any commercial activity in a small but economically throbbing State of Goa.

The Law Firm had been earlier functioning as a consortium of associates who were proficient in their respective fields, but started its official journey in  the year 2013 and has in a very short span of time acquired very high profile clientele who are moguls in their own fields…. and the growth has been exponential!! No. It has not been Luck or a Legacy. The faith reposed and the growing crème de la crème clients are all thanks to the hardwork, honesty and sincerity coupled with some Brilliant Legal Minds put together.

When you shake hands with us, we offer you your peace of mind so that your mind is free to do much better, in what you are good at !!

My CV's.

CRIME

Ekwall has practised in all areas of criminal law for twenty five years. He has extensive and substantial experience of general crime mainly as a leading junior and junior to Queens Counsel. He specialises in defending in the most serious categories of offences involving sex, drugs and violence.

Read more CRIME CV.

CRIMINAL FRAUD & PROCEEDS OF CRIME

Ekwall specialises in defending in serious fraud cases and is fully versed in all aspects of the proceeds of crime and money laundering legislation. He has been instructed to represent a number of clients facing prosecution by the serious fraud office and company directors who have been accused of stealing and defrauding companies and the revenue of many millions of pounds.

Read Criminal Fraud & Proceeds of Crime

INTERNATIONAL ARBITRATION & TRADE

Ecky is a regular visitor to India and can speak Hindi and Punjabi. He has extensive contacts in India and has close associations with a network of professional advisors both in the UK and in India.

Read International Arbitration & Trade

CRIME.

Ekwall has practised in all areas of criminal law for twenty five years. He has extensive and substantial experience of general crime mainly as a leading junior and junior to Queens Counsel. He specialises in defending in the most serious categories of offences involving sex, drugs and violence.

Between 1998 -1999 he practised criminal law in Queensland Australia and is a member of the Queensland and Federal Bar of Australia. In addition to Practising criminal law Ekwall has also undertaken extensive training with the chartered institute of arbitrators.

Ekwall specialises in defending in serious fraud cases and is fully versed in all aspects of the proceeds of crime and money laundering legislation. He has been instructed to represent a number of clients facing prosecution by the serious fraud office and company directors who have been accused of stealing and defrauding companies and the revenue of many millions of pounds. He has considerable experience in these specialist fields and has a good understanding of the commercial and financial aspects of serious fraud. Ekwall has also been instructed in relation to company compliance and regulatory issues.

Ekwall is readily aware of the need for early preparation in these types of cases which forms the backgroud for effective case management.

He has appeared in the magistrates, crown , divisional and appellate courts in matters associated with confiscation, money laundering and restraint proceedings both criminal and civil.

Ekwall is fully acquainted with all aspects of the disclosure duties and statutory requirements. Ekwall is on the VHCC panel.

Ekwall is a qualified arbitrator. He has organised conferences in India and has strong links with the country.

QUALIFICATIONS

LLB (Hons)
Qualified Arbitrator (as assessed by the Chartered Institute of Arbitration London)

CRIMINAL FRAUD & PROCEEDS OF CRIME

Ekwall specialises in defending in serious fraud cases and is fully versed in all aspects of the proceeds of crime and money laundering legislation. He has been instructed to represent a number of clients facing prosecution by the serious fraud office and company directors who have been accused of stealing and defrauding companies and the revenue of many millions of pounds. He has considerable experience in these specialist fields and has a good understanding of the commercial and financial aspects aspects of serious fraud.

Ekwall advises international companies and directors on compliance issues in India and the UK.

Ekwall is readily aware of the need for early preparation in these types of cases which forms the backgroud for effective case management.

He has appeared in the magistrates, crown , divisional and appellate courts in matters associated with confiscation, money laundering and restraint proceedings both criminal and civil.

Ekwall is fully acquainted with all aspects of the disclosure duties and statutory requirements. Ekwall is on the VHCC panel.

Ekwall is a qualified arbitrator. He has organised conferences in India and has strong links with the country.

QUALIFICATIONS

– LLB Honours
– Arbitrator

INTERNATIONAL ARBITRATION & TRADE

Ecky is a regular visitor to India and can speak Hindi and Punjabi. He has extensive contacts in India and has close associations with a network of professional advisors both in the UK and in India. He has advised companies, individuals and partnerships in relation to the legal and financial obstacles facing them in establishing business in India. Ecky has also been instructed by Indian companies in relation to advice on the setting up of business structures in the UK and Europe.

Ecky has close links with members of the Indian Bar, state governments and various Chambers and Boards of commerce in India.

He is a member of a number of organisations; the IBA, Chartered Institute of Arbitrators, various Indian arbitration associations, and the Overseas Promotion of Trade in India Organisation and has started to appear as an advocate in overseas arbitrations. Ecky also practised as a barrister in Queensland and New South Wales and is a member of the Queensland and federal bar of Australia.

As an active networker, he has organised and participated in a number of high profile events in the UK and in India. Ecky has been asked to organise and speak at a number of prestigious seminars and conferences. Ecky has extensive knowledge of the Bribery and Corruption Act 2010 and the US Foreign Corrupt Practices Act and the related Indian acts on corporate compliance. He has advised many individuals and companies in the UK and overseas on the application of this legislation.

See the following links:

http://www.legallyindia.com/Events-conferences-seminars/indian-corporate-governance-masterclass-with-azb-in-the-age-of-anna-hazare-uk-bribery-act-fcpa

http://www.thebusinessdesk.com/westmidlands/news/45426-no-5-launches-new-bribery-act-service.html?news_section=19009

http://www.internationaljurists.org/Web/aspx/upcoming-events.aspx
http://www.no5.com/seminars/155-corporate-governance-a-master-class/

http://www.birminghampost.co.uk/business/legal/no5-chambers-moving-make-most-3954294

http://international.lawsociety.org.uk/files/India-Gateway%20to%20the%20Future%20Conference%20Flyer%2011.9.09%20(UK).pdf

No5 Takes Business To India

http://securingasia.com/Speakers2012.aspx

http://securingasia.com/Speakers-Bios.aspx?sid=42

QUALIFICATIONS

– Barrister (UK)
– Arbitrator (Chartered Institute of Arbitrators)
– Member of the Queensland Bar, Australia

SOME OF MY CASES

R v Dc birmingham / ( 2016) multi handed multi million pound drugs importation
R v GC 2015 wolverhampton defendant on rape charges acquitted after submissions
R v jb 2016 Wolverhampton defendant facing complex money laundering and proceeds of crime
R v lv ( Stafford ) 2016 footballer acquitted
R v ms court of appeal 2016 murder appeal against conviction
R v c (2016 ) birmingham serious regulatory matters R v l r , proceeds of crime complex in relation to apportionment of benefit
R v cb / 2016 defendants acquitted of serious violence matters
R v Delroy Facey (Birmingham Crown Court 2015) – defended former premier league striker on conspiracy to bribe charges
R v M Bray (Grimsby Crown Court 2015) defendant received suspended sentence in high value fraud case.
R -v- Richardson BL – Wolves Fans on Trial
R -V- Morris D. (David) – Three Jailed For Drugs Worth £500k Hidden in Cereal Bags
R v T (Shrewsbury Crown Court 2014) Rape defendant acquitted
R v Cohen (Swindon 2014) Armed robbery £250,000 jewellery heist
R v Admason (Birmingham 2014) defendant convicted of murder defending in cold case DNA rape case from 1997
R v DJ, R v A, R v D (Birmingham) Operation Cougar – defended 3 defendants in 3 different trials on a series of trials relating to a widespread conspiracy to supply class a drugs in the West Midlands.
R v Hall – (Nottingham 2013) – multi million pound tobacco importation defendant avoids prison
R v S M – (Teesside ongoing 2013) – multi defendant sexual grooming
R v Loveridge – (Wolverhampton 2013) – rape case defendant acquitted because of lack of disclosure
R v T – (Wolverhampton Crown Court 2013) – youth originally charged with attempted murder but avoids prison on a section 18 stabbing
R v Grey – (Wolverhampton 2013) – £55000 benefits fraud defendant avoids prison
R v E – (Wolverhampton 2013) – class a drug supply
R v IB – (2013) – vat fraud defendant acquitted
R v l – (2013) – armed robberies
R v M – (2013) – defendant acquitted on serious violence charges as police procedure re identification ruled inadmissable the same outcome happened in R v Marston (Wolverhampton 2013) football violence
R v B – (2012) – Defended 7 day historical rape trial, offences back to 1999
R v Thear – (Southwark Crown Court 2011) – Leading Junior in multi million pound Corporate Identity Fraud
R v Z & Hussain – (Oxford Crown Court 2011) – Trading Standards fraud
R v Lawrence – (Staffordshire Crown Court 2011) – Murder
R v Raden – (Wolverhampton Crown Court 2011) – Income tax fraud
R v Hussain – (Manchester Crown Court 2011) – Multi million pound personal injury fraud on solicitors
R v Jenning & others – (Leeds 2010) – Mortgage fraud
R v singh and others – (Birmingham Crown Court 2010) –represented a defendant involved in a multi million pound international fraud
R v T and others (Southwark Crown Court) – Represented a defendant accused of a multi million pound identity fraud with links to fraudulent banking and terrorism
R v Baden – (Wolverhampton 2010) – represented a defendant accused of a 20 year plus fraud on the inland revenue and customs
R v Singh – (Southwark 2009) – multi million pound fraud
R v Birch – (Liverpool 2009) – represented a defendant accused of VAT and money laundering fraud
R v Ali – represented a defendant in multi millon pound confiscation hearing following a fraud on several banks
R v Dosangh (Derby 2008 defence) crown alleged that the murder of a white man by an asian man was racist.
R v Lawrence (Wolverhampton 2008 defence) rape of wife by husband
R v Raja (Leeds 2008 defence) defended one of 12 defendants involved in multi million pound car ringing
R v Gardner (Wolverhampton 2007 defence) leading junior in case involving child abuse
R v Williams (Stafford 2007 defence) leading junior in multi million pound class A drug supply
R v D (Wolverhampton 2007 defence) leading junior defended woman accused of sexual abuse upon her children
R v Devine (Wolverhampton 2007 defence) gang related murder
R v HSC (Birmingham defence 2007) MTIC fraud
R v Johal (Wolverhampton 2007) confiscation and restraint proceedings
R v Townsend (Birmingham 2006 defence) leading junior in multi million pound drug conspiracy
R v Kenny (Birmingham 2006) a leading junior defending in complex case ILA fraud
R v Booth (Worcester 2005 defence) leading junior in armed robbery
R v Aziz (Croydon 2004) leading junior in multi million pound class A importation and supply
R v Simms (2004 defence) leading junior in MTIC fraud
R v Sahota (Wolverhampton Crown Court 2003) leading junior in multi million pound VAT fraud
R v Taft (Birmingham 2003 Crown Court) leading junior in a case involving evasion of tax and defrauding employees of pension contributions.
R v Aston (Birmingham 2002 defence) n a case involving 34 counts of murder and robbery of elderly victims
R v Ali (2001 – leading junior in conspiracy to evade VAT)
R v B (Leicester 1990 defence) junior in first case of rape by husband on wife
R v Barrat queens bench restraint proceedings

My Soap Box.

False dawn?

As momentum builds towards reform, the Indian Supreme Court will soon rule on whether foreign lawyers have the right to practise in India. Ekwall Singh Tiwana outlines the long-running debate

The debate on whether foreign lawyers should be allowed entry into the protective legal market of India has been raging for nearly two decades.

So far the Indian legal services sector has been virtually closed to outsiders. In the summer of 2016 the Bar Council of India (BCI) produced a detailed report for the Ministry of Law and Justice on the draft rules for the registration and regulation of foreign lawyers in India. The report was heralded as a significant development in gradually allowing foreign lawyers and firms to practise law in India.

Getting round the restrictions

Despite facing stringent restrictions on practising in India, overseas law firms began setting up liaison offices with Indian partners in the early 1990s. This was allowed as the participating foreign legal firms had been given an annual licence by the Reserve Bank of India (RBI). Ashursts was the first law firm to take advantage of this licence in 1994, and Chadbourne & Parke and White & Case followed. There was a great deal of opposition to these liaison offices by Indian lawyers and the Bar councils that represented them. The fear was that Indian law firms would be taken over, lose their best legal brains, and that wages and costs would spiral out of control.

Lawyers Collective of India action

The Lawyers Collective of India brought an action against Ashursts and White & Case, culminating in a decision by the Bombay High Court which ruled against the practice of law by foreign firms in India (Lawyers Collective v Reserve Bank of India, Chadbourne, Ashurst, White & Case, and Others (2009)). The decision led to Ashursts, amongst other law firms, closing their Indian offices.

In July 2012 the Supreme Court of India asked the RBI not to grant permission to, or register foreign law firms to set up liaison offices in India. In the same year, in the case of AK Balaji v the Government of India, the Madras High Court confirmed that foreign lawyers could not practise law in India but this was subject to two exceptions: they may do so on a fly-in and fly-out basis; and in the context of international arbitrations. The decision in this case is under appeal and the impending judgment by the Indian Supreme Court is now of crucial importance.

Liberalisation proposals

The Indian government, in consultation with the BCI and the Society of Indian Lawyers (SILF), has given the go-ahead to a proposal allowing foreign law firms to enter India on a reciprocal basis. As a signatory to the General Agreement on Trade in Services (GATS), India has an obligation to open up the legal sector and there has been governmental recognition of this over the last two or three years. In 2014 the Ministry of Commerce in India suggested a two-phase strategy to entry for foreign law firms in the country as follows:

Phase 1: This would include domestic regulatory reforms with the simultaneous opening of international srbitration and mediation services in foreign and international law.
Phase 2: This includes the opening up of non-litigious and non-representational services in Indian law.
The momentum for liberalisation and reform of the Indian legal services market has now gathered pace, led by a rising band of business leaders who want a legal system which caters to the global commercial world. India’s economy is growing rapidly and the reforms in this sector have to keep pace with the requirements of stakeholders in the development of India, now a significant player on the world stage.

Step in the right direction

The 2016 BCI report was taken as a step in the right direction. At the time of its release, it was emphasised that the BCI, which in the past has strongly resisted reform, had taken a leading role in contributing to the report’s findings and instigating the steps required to ensure a steady path to foreign lawyers entering the market. The BCI drafted the rules for registration of foreign lawyers in India which would allow foreign lawyers to practise in the country under the instructions of the Ministry of Law and Justice. Some of the major reforms envisaged include the following:

foreign lawyers and law firms to register with BCI to set up their offices in India and practice foreign law;
foreign lawyers to be permitted to do all non-Indian transactional legal work;
foreign lawyers not permitted to do litigation work or appear before Indian courts or tribunals;
foreign lawyers not permitted to provide any legal advice relating to Indian courts, tribunals, statutory authorities;
foreign lawyers and law firms allowed to hire Indian lawyers or go into partnership with Indian lawyers;
foreign lawyers allowed to participate in international arbitrations held in India;
registration fee for foreign lawyers to be $25,000 per individual lawyer;
registration fee for foreign law firms and partnerships to be $50,000; and
renewal fees of $10,000 for individuals and $20,000 per firms.
A phased entry for foreign lawyers over a period of approximately five to seven years is recommended. This first phase would have allowed foreign lawyers to practise in India covered by the BCI draft rules within one year.

The second part of the timetable suggested bringing about domestic reform in various applicable legislation such as the Advocates Act 1961, the Limited liability Partnership Act 2008 and the Education Acts. The amended legislation would have allowed more partners to be part of the law firm, the removal of restrictions on advertising and the initiation of educational reforms to ensure the availability of good young Indian lawyers.

The last phase would have been policy changes which would be necessary for the expansion of foreign law firms to allow them to practise law in India, and to form joint ventures and collaborations with Indian lawyers.

The central purpose of these reforms was to strengthen the legal system in order to attract foreign investment and development in India. The vision has always been for India to emerge as a legal service provider to the world in the Asian and African region because of its location. The reforms would have followed the best practice systems by other jurisdictions including the UK, Singapore and the US.

State opposition leads to spectacular u-turn

The anticipated reforms were welcomed by the overseas legal community and were praised by political and business leaders in India and other countries. However, shortly after the publication of the report the BCI made a significant u-turn in relation to its own proposals and draft rules. At the end of September 2016, the BCI stated it did not have the support of its own state Bar councils and opposed the involvement of private organisations such as the International Council for Arbitration. In a six-page letter, the BCI outlined its opposition to the reforms which read:

‘The BCI and state Bar councils and the legal fraternity cannot and shall not accept such outside interference [referring to the private bodies] at any cost and this will have strong and immense far reaching repercussions and reactions from the lawyers.’

Opposing liberalisation, the BCI went on to say that Indian lawyers could not successfully compete with foreign law firms as they are not financially sound enough to compete at international level and that overseas firms would recruit all the best young talent and leave them exposed and vulnerable. The BCI added that all the concerned parties should await the Supreme Court decision in AK Balajai which will make a definitive decision on whether foreign lawyers and law firms have the right to practise in India (see Legally India report).

In making this spectacular u-turn the BCI has unnecessarily made liberalisation a major political issue and has created a major obstacle for foreign lawyers to entry into the market. In the past there was a lack of political will by the Indian government and its associated ministries which delayed the liberalisation process, a position bolstered by the federal and state Bar councils. In the last few years significant stakeholders including the Ministry of Commerce and businesses have encouraged reforms to open up the market. It seemed for a short time so did the Indian lawyers. Unfortunately, this can only be described as another false dawn. The matter will be left for the Supreme Court to decide. One hopes that the decision will be in favour of reform and give a platform for India to become a leading provider for legal services in Asia.

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Chamber no. 1, H. no. 7/7A, Tito Lane,
Saunta Vaddo, Baga, Calangute, Bardez - Goa. 403516.

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