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Ian Whitehurst

Call: 1994

recommendations

"A very good performer. He is fearless and defendants love him. He will get stuck in but knows when not to lock horns with witnesses. A very good tactician."

Chambers UK Bar Guide [2017]

"Highly experienced in serious organised crime cases."

Legal 500 [2016] - Crime - Tier 1

"Has a long history of prosecuting and defending serious criminal offences before the court. His remit covers gang-related homicides, drug conspiracies and armed robberies, among other matters."

Chambers UK Bar Guide [2016] - Crime

"Combines extensive skill in serious organised crime with knowledge of a wide range of business crime offences. He represents both individuals and corporates and is well versed in tax fraud, money laundering, and accounting and banking fraud."

Chambers UK Bar Guide [2016] - Financial Crime

Appointments

Disclosure Counsel for Serious Fraud Office (SFO)
Level 4 Prosecutor (Crown Prosecution Service)
Specialist Rape Panel (Crown Prosecution Service)
Licensed Advocate Isle of Man (2012)

Education

University of Hull, LLB (Hons) (1993)

 

Practice

 

Cyber Crime

Ian has defended extensively in the field of cyber crime and has a particular flair for cases with a technical angle. He has previously successfully defended in the Filesoup case relating to online file sharing by way of BitTorrent as well as representing an individual facing a private prosecution from a large US multi national in relation to online trade mark offences.

Click here for more details and recent cases

 

Data Protection Practice

Ian Whitehurst practices in criminal and regulatory law with a specific emphasis on data protection and cyber crime. He has written several articles on data protection and the new digital age and has delivered lectures and video briefings on the subject as well as commenting in the media on recent developments.

He is instructed on a regular basis to advise and represent a wide range of clients (individuals, directors, companies) in relation to criminal and civil investigations by the industry regulator (the ICO); advisory and compliance issues and the developing area of civil litigation.

Furthermore, he has a developing practice in the field of data breach claims for individuals and companies whom have had their personal and sensitive data breached by third parties.

Click here for more details and recent cases

 

Fraud, Confiscation and Financial Regulation Practice

Ian has extensive experience in all matters relating to fraud and other financial misconduct in particular MTIC Vat Fraud, Direct and Indirect Tax Fraud, Money Laundering and False Accounting.

He also has a detailed knowledge of all aspects of confiscation law and has advised individuals, companies and prosecuting authorities (the Police, the CPS, SFO and BIS) in this area as well as lecturing and writing articles in this field.

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.

Click here for more details and recent cases

 

Regulatory Law

Ian has an extensive and wide ranging practice covering all aspects of regulatory and licensing work. He is instructed by local authorities, companies and individuals to advise upon and to conduct litigation in a myriad of fields.

Click here for more details and recent cases

 

General and Serious Crime

In conjunction with his organised crime practice, Ian has defended in numerous cases involving homicide, serious sexual offences and incidents relating to the use of extreme unlawful violence.

Ian has spent many years prosecuting and defending serious organised crime most notable gang related homicide, large scale drugs and firearms conspiracies, corruption cases and armed robberies.

Through exposure to this type of work, he has developed an extensive knowledge of disclosure, covert surveillance, jurisdictional issues and an intimate knowledge of the principles surrounding the court’s discretionary powers to exclude evidence and stay proceedings.

Use the links here for more details and recent cases for General Crime and Serious Crime.

 

Ian also practises from 7 Harrington St Chambers, Liverpool.

 

Publications

Ian has written several articles on the issues of financial crime and the criminal justice system which are listed below. Links to the full-text of all of these can be found using the links below:

Investigatory Powers Act and the new oversight regime
Consumer rights and slow-running Apple software
Data breaches, vicarious liability of employers and the impact on the insurance industry

Data Protection Day—enforcement of Corporate Crime – corporate crime enforcement in light of the forthcoming General Data Protection Regulations (GDPR).

Pension Liberation Fraud: New Kid on the Block

Chatrooms and 21st Century Insider Dealing
A Practical Guide to POCA & Unused Material: a defence perspective
Assessing the impact of R (Virgin Media) v Zinga
Is a cheque book better than a defence statement
Law & Democracy
A Taxing Time Ahead The Reality Behind The Rhetoric

 

Current Cases

Ian is currently instructed in the following cases:-

R v X – advising offshore individual in relation large scale money laundering investigation

R v Z – instructed to prosecute child cruelty case involving multiple fractures to the body of a small child

R v LH – defending main defendant in conspiracy to supply Class A drugs (300 kilograms)

R v JG – defendant main defendant in conspiracy to supply Class A and B drugs (250 kilograms)

R v JS & others – prosecuting as Leading Counsel £1 million fraud involving breach of trust by company director and employees

R v RC – advising defendant in relation to challenging historical murder conviction

R v KS & others – prosecuting multi handed aggravated burglary and false imprisonment arising from a business dispute

R v AA – instructed to prosecute on behalf of a local authority a business and company directors accused of numerous trade mark and copyright offences.

R v PP – representing a defendant in relation to POCA proceedings where by the prosecution are attempting to recoup additional monies from him 7 years after the event due to an increase in his net worth.

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