Barrister profile for UK Bar 2022
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POCA Work & Asset Forfeiture - All Circuits
Ian Whitehurst is a respected POCA practitioner with expertise in data protection and cybercrime. He regularly acts for individuals and agencies in asset tracing, recovery and confiscation matters. His experience also extends to civil fraud cases.
Strengths: “Responsive, straightforward in his opinions and easy to get along with.” “He has good rapport with clients.”
Recent work: Acted for James Newhall, who was convicted of a large-scale drugs conspiracy, successfully reducing the benefit figure from £3 million to £300,000.
Crime - Northern (Bar)
Experienced criminal advocate whose expertise in organised crime includes gang-related homicide, drug conspiracies, corruption, conspiracy to supply firearms and armed robbery. Whitehurst also takes on cases concerning public disorder and has a specific interest in cyber related criminal activity.. He is equally adept at handling both prosecution and defence work.
Strengths: A highly knowledgeable, robust and razor-sharp barrister."
Recent work: Acted in R v William Dane, which involved historical sexual abuse allegations concerning the abuse of the defendant’s daughters over several years, including rape and sexual assault.
Financial Crime - The Regions (Bar)
Ian Whitehurst is instructed in a raft of financial crime cases, such as those involving allegations of Ponzi schemes and advance fee fraud. He is also well versed in cases involving money laundering and confiscation law. He also handles broader criminal cases such as those concerning allegations of homicide and sexual offences. His experience spans work as both prosecution and defence counsel.
Strengths: "Very pragmatic and personable, he gets on well with people. He makes no bad points and is a skilful and balanced advocate."
Recent work: Acted as lead counsel for the prosecution in a claim involving a £1 million fraud/embezzlement by the managing director of a multimillion-pound agricultural business.
This content is provided by Ian Whitehurst
Ian is a Leading Junior with a national practice in Serious Organised Crime, Financial Crime and Confiscation as well as Regulatory Law. He primarily defends individuals and companies but is also a Grade 4 Prosecutor and is on the List of Specialist Regulatory Counsel instructed to deal with the most complex technical offences in the country.
Ian has a heavyweight crime practice with a particular emphasis on homicide, firearms and drugs conspiracies as well as all aspects of cyber related offending. He advises clients at all stages of criminal proceedings, from pre charge to the appellate stage and has developed an extensive advisory practice in conjunction with his substantial experience of advocacy before juries, tribunals and the appellate courts. Ian has extensive knowledge of disclosure, covert surveillance, abuse of process and jurisdictional issues which arise in complex criminal litigation.
In financial crime, Ian has specialised for many years as Leading Counsel in the fields of MTIC VAT fraud, Direct Tax Fraud, Money Laundering, False Accounting and Corporate Misfeasance. He has also advised individuals and companies based off shore in an advisory capacity and has lectured in the Isle of Man to financial professionals.
From a regulatory perspective, Ian is experienced in advising companies and individuals on issues of compliance, money laundering regulations and fiduciary duties of directors and the consequences arising for directors through disqualification.
Ian has also advised individuals and companies upon their rights to challenge HMRC findings in the Tax Tribunals and is an expert at advancing strategies to be deployed in negotiation and at contested hearings.
Ian specialises in the developing area of Private Prosecutions and advises corporates and individuals in relation to the use and deployment of private prosecutions where there has been financial misfeasance or fraud committed. He is a member of the Private Prosecutors Association and was recently appointed to their Working Group to assist in drafting the organisation’s response to the proposed reforms to the Attorney General’s Guidelines on Disclosure. From a regulatory perspective, Ian is experienced in advising companies and
He also has an extensive restraint and confiscation practice appearing in the Magistrates, Crown and Administrative Courts as well as in the Court of Appeal and has substantial practical experience in all aspects of confiscation law.
In the regulatory field, he concentrates upon health and safety, environmental, trading standards prosecutions and information law.
Recently reported cases:
R v A & Others [Leading Encrochat case]  EWCA Crim 128
R v S  EWCA Crim 569,  All ER (D) 44 (Apr)
In the last 12 months, Ian has acted as Leading Junior for the main defendant in a large scale drugs conspiracy, a complex fraud and a serious case involving numerous offences relating to the Computer Misuse Act. He has also acted in several homicides and regularly appears in cases involving Organised Crime as sole counsel. In the regulatory field, Ian recently successfully represented a manufacturing company in their appeal against an extensive product recall notice issued by a local authority and secured the acquittal of a company charged with numerous offences relating to the management of a multi occupancy property on behalf of their landlord client.
In addition to his busy professional practice, Ian also lectures at several universities on serious organised crime, financial crime and cyber related criminality. He is presently a guest lecturer at Nottingham and Northumbria Universities and an Associate Lecturer at Liverpool John Moores University. He has also delivered lectures at the Universities of Ulster and Galway as well as at University College, Dublin. As well as lecturing in Ireland, Ian was recently called to the Bar of Northern Ireland in 2020.
Not only does he lecture to academic institutions but he has presented lectures and seminars to law enforcement agencies and professional bodies both here in the U.K. and in Ireland.
Further to his academic interests in the U.K., Ian has been invited to deliver a course on cyber crime in January 2022 at a law school in Chicago and will be speaking to the New York County Lawyers Association in November 2021 on the role of crypto currencies in criminal and regulatory prosecutions. Ian has also been asked to assist in the appeal to the US Supreme Court of a defendant relating to his conviction for tax evasion and how the prosecution may have breached the 4th Amendment to the US Constitution by obtaining information in breach of the third party protocol governing the retention of personal data by public and private institutions.
Ian is a member of the following Bar Associations & Professional Organisations:
Criminal Bar Association
The Revenue Bar Association
The Private Prosecutors Association