Barrister Anwar Nashashibi

Anwar Nashashibi

Year of call: 1995  

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“A robust advocate but combines that with sensitive cross-examination skills.”

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Overview


Anwar is an accomplished advocate with several complementary areas of expertise reflecting his experience and interest in the law.  Within the criminal law, these areas are serious crime, complex fraud, bribery and corruption, money laundering.  In civil, he practices in commercial fraud and defendant child abuse cases.  His civil practice, incorporating facts with implications for criminal and civil liability, leave him well placed to deal with cases where experience of both jurisdictions is needed.  He has experience in dealing with extradition matters.

Anwar has a national and international practice. He is instructed at an early stage of the most complex and extensive cases to provide strategic advice and direction to both public and private clients. He is able to do so because of his years of experience as a first instance and appellate advocate in the most challenging cases.

Anwar is praised for his judgement, strategic insight, and advice as well as his advocacy. His clients say that he is “extremely bright. He very quickly gets to grips with the facts of his cases, and is both thorough and innovative. His advice is clear, pragmatic and client focused…a pleasure to work with.”

Appointments:

  • CPS Grade 4

Memberships:

  • CBA
Complex Fraud Crime Offshore & International Personal Injury

Complex Fraud


Anwar has been instructed in complex fraud matters for 20 years. He is a first class advocate and lawyer, and is regularly instructed for the defence and the prosecution in such cases, sometimes alone against Queen’s Counsel.

Anwar specialises in cases where international issues arise.  He has particular experience of matters with an off-shore dimension.  He has dealt with cases involving corruption, hawalla banking, manipulation of off-shore trust and corporate structures, share price and financial instrument manipulation, and tax evasion.  He has experience of the prosecution of corporations as well as individuals.

Anwar is instructed at the outset of complex investigations for both investigative agencies and private clients. He has conducted compulsory interviews in cases of money laundering and corruption and advised clients subject to such interviews.

Anwar has lectured on the use of off-shore corporate structures to launder the proceeds of crime, including tax evasion. He regularly works on “paperless” fraud cases and is familiar with the applicable IT programs.

Bribery & Corruption Extradition & Mutual Legal Assistance

Bribery & Corruption


and present detail without losing the bigger picture has led to him being in demand for high profile and complex cases.

He has been instructed by the prosecution and the defence in corruption cases concerning a variety of contracts, some involving public bodies, others between private parties.  Examples include multi million pound contracts relating to power generation and distribution, land development, and manufactured goods.

He was instructed by HM Attorney General of Jersey in relation to proceedings for corruption and money laundering against a former Kenyan Finance Minister, the head of the electricity utility and the Jersey corporation that was used to perpetrate the crimes.  Extradition proceedings, personally delivered by a UK government minister, are extant.  The Jersey corporation has been convicted.

He was instructed to advise a Middle Eastern Aluminium Producer conducting an investigation into corruption and money laundering by its employees and contractors.

Complex Fraud Cases


  • X v X, High Court, 2016, instructed by Fieldfisher to represent a multi national corporation which suspected its client of investment fraud.  Issues arising included investment fraud, collective investment schemes, restraining orders and liaising with the authorities, money laundering regulations and payment services regulations, liability for dishonest assistance in breach of trust and for unjust enrichment.  The case, which is confidential, was resolved successfully for the client which recovered its legal costs.
  • R v Gooding & Ors (2012 – 2014): Southwark CC – Instructed by Pannones to defend a conspiracy to defraud and money laundering prosecution by the SFO – Boiler room fraud.
  • AG of Jersey v Gichuru & Okemo (On-going): Extradition and prosecution of a former Kenyan Finance Minister and former head of the Kenyan electricity utility for corruption related offences.
  • AG of Jersey v Michel & Gallichan: Investigation and prosecution of a Jersey financial service provider for laundering the proceeds of tax evasion in Jersey’s most extensive and complex case of its type.
  • Instructed by Mishcon de Reya to advise a Middle Eastern Aluminium Producer that was conducting an international investigation into corruption and money laundering.
  • Instructed by Hickman & Rose to advise a defendant to the current prosecution in the TCI for corruption offences in relation to property purchases and development by overseas developers and alleged abuse of the special rules applicable to “belongers” of the TCI.

Crime


Anwar is a skillful and experienced advocate and lawyer.  He defends and prosecutes in the most serious and complex cases, including murder, manslaughter, death by dangerous driving and serious sexual offences, both recent and historic.  He is a specialist in complex fraud, corruption and money laundering.

His experience and record of successful results has enabled him to develop a national and international practice.  His advocacy and grasp of the detail in extensive cases has been praised by clients and the senior judiciary.

His experience with respect to complex fraud and off-shore work is set out in dedicated profiles for those fields.

Anwar has dealt with expert evidence in many areas including: complex brain injuries, and other medical evidence, blood spattering, cell site, bio-mechanics, hawalla banking, company formation/share issues/manipulation and DNA.

 

Crime Cases


  • R v Martin & Ors, Chelmsford CC, 2017: Prosecuted 6 defendants who were accused of participating in a group attack outside a nightclub. The victim was repeatedly kicked to the head while unconscious.  5 of the defendants were convicted of offences ranging from section 18 to violent disorder after a three week trial.  The case was reported in the national press.
  • R v Bagry & Others, Birmingham Crown Court, 2017 – led the prosecution of 9 defendants in multi-million pound drug conspiracy.R v Watkins & Henson, Wolverhampton Crown Court, 2016 – junior counsel in prosecution for pre-meditated murder. All the defendants were convicted.
  • X v X, High Court, 2016, instructed by Fieldfisher to represent a multi national corporation which suspected its client of investment fraud.  Issues arising included investment fraud, collective investment schemes, restraining orders and liaising with the authorities, money laundering regulations and payment services regulations, liability for dishonest assistance in breach of trust and for unjust enrichment.  The case, which is confidential, was resolved successfully for the client which recovered its legal costs.
  • R v Deen & Deen (2014): CCC – Defending allegations of multiple rape and robbery at gun point at the complainants’ home.
  • R v Krukowski & Maryszak (2014): Northampton CC – Prosecuting manslaughter.
  • R v George (2014): Guildford CC Instructed to defend death by careless driving: the defence was automatism.
  • R v O’Toole: Luton CC – Prosecuting manslaughter – Shaken baby case.
  • R v Murton & Ors: Nottingham CC – Defending a major conspiracy to supply class A drugs.

Offshore & International


Anwar has substantial experience of offshore and international work, having been instructed by private and public clients in Jersey, Guernsey, Bahrain and the TCI.

He is familiar with the law and practice of international co-operation and extradition, and of the use of off-shore trust and corporate structures for legitimate and criminal purposes.

In the course of these cases Anwar has liaised with various jurisdictions including the UK, the Channel Islands, Scotland, Kenya, Switzerland, the BVI, the Bahamas, Kenya, Malaysia, Germany, Finland, the US, Spain, France, Luxembourg, Holland, Gibraltar and South Africa.

Anwar has acted for Defendants in prosecutions in off-shore jurisdictions as well as prosecutorial and investigative bodies. These have included cases of money laundering and corruption of great complexity. Details of some of these cases appear below.

Criminal

Criminal


Anwar has worked for 15 years in various off-shore jurisdictions, as well as in UK cases with evidential links with such jurisdictions. His instructions have come in cases of money laundering, tax evasion, fraud and corruption.

Offshore & International Cases


  • AG of Jersey v Gichuru & Okemo (On-going): Extradition and prosecution of a former Kenyan Finance Minister and former head of the Kenyan electricity utility for corruption related offences.
  • AG of Jersey v Michel & Gallichan: Investigation and prosecution of a Jersey financial service provider for laundering the proceeds of tax evasion in Jersey’s most extensive and complex case of its type.
  • Instructed by Mishcon de Reya to advise a Middle Eastern Aluminium Producer that was conducting an international investigation into corruption and money laundering.
  • Instructed by Hickman & Rose to advise a defendant in the current prosecution in the TCI for corruption offences in relation to property purchases and development by overseas developers and alleged abuse of the special rules applicable to “belongers” of the TCI.

Personal Injury


Anwar practices in all areas of personal injury litigation, acting for both claimants and defendants in cases involving serious injury. He is an extremely experienced first instance and appellate advocate, praised for his judgement and advice as well as his prowess in court in cases of complexity and gravity.

Anwar’s particular specialism is in cases of child abuse and, more generally, in cases involving the duties of local authorities.

He has lectured on topics ranging from quantum to limitation.

Defendant Abuse

Defendant Abuse


Anwar has represented Defendant’s in child abuse cases over a 15 year period, since his first instruction as junior counsel in the North Wales Children’s Homes litigation in 2000. He regularly acts for local authorities/volunteer groups/employers and insurers as well as individual alleged abusers.

Anwar’s breadth of experience makes him adept at dealing with relevant legal issues (duty of care, no fault liability, limitation), managing multi-party litigation, social work practice and psychiatric evidence. He has accepted instructions in some of the most unique cases in this area; recent examples include whether vicarious liability could be extended beyond the governors of a school to its charity sponsor, and liability for consensual sexual relations between a support worker and a vulnerable adult who nevertheless had capacity to consent to such relations.

Personal Injury Cases


  • Beechwood Childrens’ Homes Litigation: Nottingham County Court, current.  Multi-party action involving multiple Childrens’ Homes as well as failure to remove and alleged abuse by foster parents.  Instructed as junior counsel.
  • S v S, 2015: Successfully defended an action against a charity said to be liable with respect to a consensual sexual relationship between an employee and client.  The Defendant’s submission that there was no relevant duty of care was upheld.
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