Rachel Barnes

Call: 2004

"She’s absolutely first class, has a top intellect and leaves no stone unturned."

Chambers UK 2020: POCA Work & Asset Forfeiture

"…pragmatic, hands-on, easy to work with, always available."

Chambers UK 2020: Sanctions

“Absolutely meticulous in her preparation and doesn’t miss a trick.” “She is an intellectual heavyweight whose legal knowledge and diligence make her a formidable advocate.”

Chambers UK 2020: Extradition

“… highly regarded for her expertise in cases involving money laundering and complex fraud. Her dual qualification in US law makes her a go-to counsel on matters with a transatlantic element.”

Chambers UK 2020: Financial Crime & Financial Crime: Corporates

“She is absolutely excellent technically, works like a Trojan, is always responsible and sensible, has an extremely good analytical brain and is very knowledgeable.” “One of the best navigators of the complex financial and trade sanctions regime.”

Chambers UK 2018: Financial Crime & Financial Crime: Corporates

Instructing Rachel

To instruct Rachel please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

Rachel Barnes is recognised as a leading practitioner in Sanctions, Financial and Corporate Crime, Fraud, International Crime and Extradition and Proceeds of Crime & Asset Forfeiture.

An expert in international financial and trade sanctions, Rachel acts for national and international companies and individuals in this area and on cross border, jurisdictional and state immunities matters more generally. A substantial portion of this work is pre-charge and confidential.

Clients value her US background and knowledge of US OFAC (Office of Foreign Assets Control) sanctions, as well as her wider practice in cross-border criminal investigations including corruption cases, extradition and MLA, public law and commercial cases. Rachel acts in public law and civil cases with criminal justice and public international law aspects. She is a member of the Attorney General’s specialist panel of Public International Law Junior Counsel to the Crown and the SFO’s A panels of prosecuting and POCA counsel. She appears in all criminal courts, High Court (QBD, Administrative and Commercial Courts), Court of Appeal and Supreme Court.

Rachel is a dual-qualified US attorney and English barrister. She began practice in New York in 1999 and a significant proportion of her work is US-related. She remains a member of the New York Bar, admitted to practise before the NY state courts and the federal courts of the Southern and Eastern Districts of New York. She has experience of cases in Washington DC involving the SEC, OFAC, the DOJ and Congressional inquiries.

Legal Expertise

Crime overview

Rachel prosecutes and defends in financial and complex crime cases. She prosecutes for the SFO and FCA. She is described by Chambers UK 2020 as “go-to counsel on matters with a transatlantic element” and “an accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition and confiscation”. Rachel is often instructed at the beginning of large cases and so much of her work is pre-charge and confidential. She is regularly instructed by firms who are involved in criminal investigations in a witness rather than suspect capacity. She is currently instructed in a number of contested POCA account freezing and forfeiture cases.

  • Complex commercial fraud
  • Sanctions and export controls
  • Corruption
  • Money laundering
  • Asset restraint and confiscation, including foreign requests
  • Transnational crimes
  • Other serious crime including murder, torture, misconduct in public office
  • State immunities and jurisdictional matters more generally

Notable Crime cases

R v Saunders, Strubel & Steinberg (2019)

Counsel for SFO in contested confiscation arising from £78m ponzi scheme.

R v Hodson (2019)

Counsel for SFO in £12m international corruption case (ALCA Fasteners Ltd); defendant pleaded guilty and agreed £4.5m confiscation.

R v Vishnyak (ongoing)

Counsel for FCA in first prosecution of the statutory offence of destroying documents during a FSMA investigation.

Operation K (ongoing)

FCA insider dealing investigation.

Arms embargo breaches (ongoing)

Advising on potential criminal proceedings.

A Foreign Official (ongoing)

Acting pre-charge for foreign official arrested on suspicion of receiving bribes. Issues include immunities from prosecution and evidence obtained overseas.

R v Lama [2017] QB 1171

Universal Jurisdiction prosecution for alleged torture during the Nepal civil war (defence junior in interlocutory appeal re immunities).

R (Freedom & Justice Party) v Secretary of State for Foreign and Commonwealth Affairs [2018] EWCA Civ 1719, [2019] 2 WLR 578

Judicial review re. special mission immunity of Egyptian official accused of serious international crimes (counsel for interveners).

Re potential proceedings for serious international crimes

Retained by foreign government to advise on potential English proceedings against its officials for international crimes.

R v Shanahan (Operation Eleveden) Central Criminal Court, 2014

Operation Eleveden - Prosecution of The Sun journalists for conspiracy to commit misconduct in public office (counsel for Deputy Editor of The Sun).

Sanctions and export controls overview

Rachel is a recognised market leader in sanctions law. As an English barrister and US attorney, she is uniquely placed to advise on UK, EU and US sanctions regimes and has a wealth of experience from specialising in this area for many years.

She is known for her strategic approach in dealing with regulators and other third parties in cases involving alleged sanctions breaches and in assisting companies to comply with sanctions laws and regulations and export controls, particularly in large cases across multiple jurisdictions. She is “pragmatic, hands-on, easy to work with, always available and someone who is able to quickly become one of the team” (Chambers UK 2020: sanctions).

In addition to her criminal/regulatory and corporate sanctions work, Rachel is currently advising a number of civil society organisations on use of sanctions as a tool for human rights accountability and the UK’s post-Brexit autonomous human rights (global Magnitsky) sanctions framework. Rachel has acted for clients challenging their designation under international sanctions programmes before the English High Court, in the EU and the UN Security Council Ombudsperson.

Rachel regularly speaks on sanctions related matters. She has taught a masters course at LSE on the Law and Policy of Economic Sanctions and was awarded her PhD from Cambridge University for her study of UN Security Council’s use of economic sanctions.

Notable Sanctions and export controls cases

Financial Institutions

International bank and EU and US sanctions regimes; EU banker and US Department of Justice investigation; UK bank and Iran sanctions; European bank and overseas freezing orders on deposits subject to financial sanctions.

Law Firms

Russian sectoral sanctions and investment vehicles; legal fees and Iranian clients; Russian listed persons; Russian sectoral sanctions and share purchase agreement.

Insurance

P&I Club with Russian exposure; P&I Club and sanctions breach by policyholder’s charterparty; insurance restrictions in Libyan sanctions regimes; Lloyd’s insurance market and SPA; Lloyd’s managing agent and sanctions against Iran; global insurance company, US sanctions and EU blocking regulation.

Law Enforcement Investigations & Referrals

Company services provider and Ukraine/Russian sanctions; manufacturing company and Iran export control violations; High Street company and breaches of Iran financial sanctions; Medical supplies company and Iran exports and payments.

Other advisory Work

UK exporter and financial payments on behalf of Iranian customers; Technology company and business development in Iran; EU parent company with international subsidiaries: directors’ and officers’ liabilities for sanctions breaches; EU communications firm and the repatriation of assets from Iran.

NGOs

Humanitarian aid and Syrian sanctions; Iran sanctions.

Expert witness in ICC Arbitration

Re extra-territorial reach of US sanctions in a high value commercial dispute.

UN Security Council Ombudsperson

Led an international team representing 6 clients in successful delisting petitions.

Civil and Public Law overview

Rachel’s civil and public law practice has grown out of her international law expertise. She has an established “niche fraud practice at the juncture of civil and criminal litigation” (Chambers UK 2014). She acts in criminal justice and extradition related judicial reviews and private and public law claims with criminal justice and/or international law aspects, including in group litigation.

Notable Civil and Public Law cases

R (Freedom & Justice Party) v Secretary of State for Foreign and Commonwealth Affairs [2018] EWCA Civ 1719, [2019] 2 WLR 578

Judicial review re. special mission immunity of Egyptian official accused of serious international crimes (counsel for interveners).

Iraqi Civilians (Alseran & Ors) v Ministry of Defence [2017] EWHC 3289 (QB)

Private and public law claims by Iraqi civilians detained by British forces during the invasion of Iraq in 2003 (first junior counsel for the claimants).

R (Hicks & Ors) v Inner North London Senior Coroner & Ors [2016] EWHC 1726

Judicial review of Coroner's decision to exclude persons from court room during Inquest.

Re (Children) [2016] EWHC **** (Fam) (anonymised)

Sole counsel for a Police Force in proceedings brought by a local authority under The Children’s Act 1989 in response to allegations that the mother intended to travel with her children to ISIS-controlled territory in Syria.

Gujra v DPP [2012] UKSC 52; [2013] 1 AC. 484

Judicial review of DPP's policy on private prosecutions (junior counsel for the DPP).

Cherney v Deripaska (2012)

$4bn claim in the Commercial Court (junior counsel for D).

R (Mucelli) v Secretary of State for the Home Department [2012] EWHC 95 (Admin)

Extradition related judicial review re. convictions in absence in Albania (counsel for intervener).

R (El Maghraby) v HM Treasury & FCO [2012] EWHC 674 (Admin)

Judicial review of The Egypt (Asset-Freezing) regulations (junior counsel for claimants).

Crime

R v Saunders, Strubel and Steinberg
Contested confiscation proceedings re £78m investment fraud (ongoing)

Re Overseas restraint proceedings (confidential)
Putative restraint proceedings in complex overseas corruption case (ongoing)

Re alleged breaches of arms embargo (confidential)
Advising on potential criminal proceedings (ongoing)

Re. overseas corruption investigation (confidential)
Instructed pre-charge by the prosecuting authority (ongoing)

Re a foreign official (confidential)
Acting pre-charge for a foreign official arrested whilst visiting the UK re allegations of corruption.  Issues include immunities from prosecution

Re. alleged breaches of Iran sanctions
Acted for well-known high street company in self reporting to HM Treasury and the NCA (junior counsel) (2016-2017)

Re alleged breaches of Iran export controls
Acted for company in HMRC investigation, resulting in minimal civil financial penalty and no prosecution (2016-2017)

Re potential proceedings for serious international crimes
Retained by foreign Government to advise re potential proceedings against officials for alleged international crimes (junior counsel) (2014-2017)

R v Lama
[2017] QB 1171
Alleged torture during the Nepal civil war, prosecuted in England on the basis of universal jurisdiction (defence junior in interlocutory appeal re immunities)

R v Shanahan (Operation Eleveden)
Central Criminal Court, 2014
Prosecution of The Sun journalists for conspiracy to commit misconduct in public office (defence junior)

R v Peterson
Southwark Crown Court, 2014
Fraud re the collapse of the Weavering Fund with US$600m losses (prosecution junior)

R v Hirst & Ors
[2013] EWCA Crim 359
£10m ponzi scheme operated from Spain (prosecution counsel)

R v Madden
Southwark CC 2013
Fraudulent claims for VAT repayments and Film Tax Credit (defence junior)

R v G & Ors
[2009] EWCA Crim 1207; [2009] Crim LR 738
Series of gang murder trials at the Central Criminal Court and appellate proceedings including an application to retry an acquitted  defendant (prosecution junior)

Extradition

France v O (ongoing)
Acting for the defendant in complex EAW involving operative informant

Bowen v Govt. USA & Secretary of State for the Home Dept
[2016] EWHC 1400 (Admin)
Extradition request for possession of child pornography; issues re indefinite civil detention (junior counsel for the Home Secretary)

Mitchell v Govt USA & Secretary of State for the Home Dept
[2016] EWHC 2649 (Admin)
Sole counsel for the SSHD

Ghana v G
[2014] EWHC 1569 (Admin); [2014] 1 WLR 4464
Extradition request for murder (junior counsel for G)

Pinnick v Spain
[2013] EWHC 1034 (Admin)
Extradition order quashed for defective EAW issued after seizure of yacht containing 50kg liquid cocaine (counsel for P)

Van der Kramer v Belgium
[2013] EWHC 560 (admin)
Conviction in absence (counsel for VDK)

Lithuania v Martuzevicius
[2012] EWHC 4118 (Admin)
Accusation warrant for 22 offences including murders and extortion as leading member of organised crime group (junior counsel for Lithuania)

Clark v USA
[2012] EWHC 957 (Admin)
Child kidnapping; case sent to Secretary of State (counsel for USA)

Serbia v Ganic (2010)
War crimes (junior counsel for Serbia)

Atkinson & Binnington v Cyprus
[2009] EWHC 1579 (Admin)
Convictions in absence (junior counsel for Cyprus)

Murtati v Albania
[2008] EWHC 2856 (Admin)
Convictions in absence (junior counsel for M)

Olah v Czech Republic
[2008] EWHC 2701 (Admin)
Interlocutory applications, statutory appeals and judicial review (counsel for Czech authorities)

Srama v District Court of Bydgoszsz, Poland
[2007] EWHC 666 (Admin)
Extradition proceedings and remitting Part 1 case to the first instance court (counsel for S)

Lisowski v Regional Court of Bialystok, Poland
[2006] EWHC 3227 (Admin)
Human rights review (counsel for L)

Civil, public law and inquests

Iraqi Civilians v MOD (2)
[2017] EWHC 3289 (QB)
Private and public law claims by Iraqi civilians detained by British forces during the invasion of Iraq in 2003 (first junior counsel for the claimants)

R (Freedom & Justice Party) v Secretary of State for Foreign and Commonwealth Affairs
[2016] EWHC 2010 (Admin)
Judicial review re ‘special mission immunity’ (junior counsel for the Interveners, Amnesty International and Redress)

R (Hicks & Ors) v Inner North London Senior Coroner & Ors
[2016] EWHC 1726
Judicial review of Coroner’s decision to exclude persons from court room during Inquest

Re (Children)
[2016] EWHC **** (Fam) (anonymised)
Sole counsel for a Police Force in proceedings brought by a local authority under The Children’s Act 1989 in response to allegations that the mother intended to travel with her children to ISIS-controlled territory in Syria

Gujra v DPP
[2012] UKSC 52; [2013] 1 AC. 484
Judicial review of DPP’s policy on private prosecutions (junior counsel for the DPP)

Cherney v Deripaska
(2012)
$4bn claim in the Commercial Court, which settled in 2012 (junior counsel for D)

R (Mucelli) v Secretary of State for the Home Department
[2012] EWHC 95 (Admin)
Extradition related judicial review re. convictions in absence in Albania (counsel for intervener, Fair Trials International)

R (El Maghraby) v HM Treasury & FCO
[2012] EWHC 674 (Admin)
Application for judicial review of The Egypt (Asset-Freezing) Regulations (junior counsel for claimants)

International, foreign and EU laws

In re S (ongoing)
Delisting application before the UN Ombudsperson re. UN Security Council Al-Qaida sanctions

In re Q (ongoing)
Advising re challenging sanctions designation

In re D, T, A & A
(2011-2013)
Successful delisting applications before the UN Ombudsperson for individuals on the UN Security Council Al-Qaida sanctions list.  Instructed by the European Centre for Constitutional and Human Rights.

In re T
(2011)
Re Interpol red notices

Brunei Investment Agency v D & Z
(2011, Sup Ct NY)
Claim against former advisors of Prince Jefri of Brunei in New York courts

The Prosecutor v Krajišnik IT-00-39-A (ICTY)
Member of legal team of amicus curiae, Colin Nicholls QC (2006-2008)

Instructing Rachel

To instruct Rachel please contact our Clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

‘excellent market feedback.’  “A very clear advocate who is organised, bright and a pleasure to deal with.”  “She’s absolutely first class, has a top intellect and leaves no stone unturned.”  Chambers UK 2020:  POCA Work and Asset Forfeiture

“She is pragmatic, hands-on, easy to work with, always available and someone who is able to quickly become one of the team.” Chambers UK 2020: Sanctions

“Absolutely meticulous in her preparation and doesn’t miss a trick.” “She is an intellectual heavyweight whose legal knowledge and diligence make her a formidable advocate.  Rachel is exceptionally talented in complex extradition cases” Chambers UK 2020: Extradition

“An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition and confiscation proceedings. Although she often advises individuals, she is also increasingly sought out by companies that are dealing with internal investigations or are accused of potential sanctions breaches and illegal manipulation of benchmark rates. She is highly regarded for her expertise in cases involving money laundering and complex fraud. Her dual qualification in US law makes her a go-to counsel on matters with a transatlantic element.  “She’s pragmatic, hands-on, always available and someone who becomes one of the team easily. Clients find her very user-friendly.” “She demonstrates excellent technical knowledge and is a tenacious advocate.”  ”  Chambers UK 2020: Financial Crime & Financial Crime: Corporates

“Well known for her expertise in sanctions law.”  The Legal 500 2020:  Business & Regulatory Crime

“Devastatingly well-prepared in court.”  The Legal 500 2020: Proceeds of Crime Act and Asset Forfeiture

A criminal law specialist with an extremely strong extradition practice.  “She’s got a very good all-round grasp of crime and public law.” Chambers UK 2019:  Extradition

An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition.

“She’s inexhaustible, has a very good legal brain and is always so well prepared.”  “She is a first-rate advocate who is hard-working and has great client skills.” Chambers UK 2019:  Financial Crime, Financial Crime:  Corporates.   

Rachel is recommended by:

–    Chambers UK in: Sanctions; Financial Crime; Financial Crime (Corporates); POCA Work & Asset     Forfeiture; Extradition

–    The Legal 500 in: Business and Regulatory Crime; Fraud (Crime); International Crime and Extradition

‘An accomplished junior whose international crime and fraud practice is complemented by her expertise in extradition.  “She is absolutely excellent technically, works like a Trojan, is always responsive and sensible, has an extremely good analytical brain and is very knowledgeable.”  “One of the best navigators of the complex financial and trade sanctions regime.”’  Chambers UK 2018:  Financial Crime and Financial Crime:  Corporates

‘Her US qualifications and experience put her head and shoulders above her peers in this area.’  The Legal 500 2017:  Fraud (Crime)

In the American piece of the sanctions puzzle that most London counsel cannot fill, she can.’  The Legal 500 2017:  Business and Regulatory Crime

‘An “excellent” criminal law specialist with an extremely strong extradition practice.  “Very smart and hard-working.”’  Chambers UK 2018: Extradition

‘Exceptional overall: very user-friendly with excellent technical knowledge.’  The Legal 500 2017:  International Crime and Extradition

‘A very thorough barrister who ensures she’s really researched the issues before giving advice.  Her work is very well written, well structured and well referenced.’  Chambers UK 2017:  Financial Crime

‘Very strong, very detailed on the case and very good with clients who may be extremely stressed.’  Chambers UK 2017:  Financial Crime (Corporates)

‘A trusted adviser in the world of trade and financial sanctions.’  The Legal 500 2016:  Business and Regulatory Crime 

‘A very special talent – excellent in hard cases, but also kind and sympathetic.’  The Legal 500 2016: Fraud: Crime

‘Lovely, thorough, very smart, and hard-working.’  Chambers UK 2017:  Extradition

“Fantastic, especially in relation to sanctions work.”  Chambers UK 2016:  Financial Crime

Rising star of the junior Bar who has depth of knowledge in international criminal law and is applauded for her skill in handling extradition matters related to death penalty sentences.  The quality of her case preparation was praised, as was her persuasive advocacy style.  “She is an academic-style lawyer who has a fantastic understanding of international law.”  “She is very, very hard-working and comes up with amazing stuff.” Chambers UK 2016:  Extradition

‘She is tenacious, committed and has an attention to detail rarely seen equalled.’  The Legal 500 2015:  Fraud Crime

‘She is very clever and very thorough.’  ‘She is bright, phenomenally hard-working and the ideal junior for fraud.’  Chambers UK 2015:  Financial Crime

‘Everything she does is absolutely meticulous, and she really is someone you want to have on your side.’  ‘She knows more about the case than anyone else and has all of the facts at her fingertips.’ ‘She has a super brain, is really smart and is also very strategic.’  Chambers UK 2015:  Extradition

“Highly knowledgeable in extradition and mutual assistance, she often handles serious cases, including those relating to terrorism.”  “She is extremely bright and produces excellent written work.” Chambers UK 2014:  Extradition

“Has carved out a niche fraud practice at the juncture of civil and criminal litigation.  Instructing solicitors particularly value her knowledge of international law.” “A star of the future.”  Chambers UK 2014:  Fraud

  • Association of Disabled Lawyers
  • Bar Council US Group
  • Criminal Bar Association
  • Defence Extradition Lawyers’ Forum
  • Fraud Lawyers’ Association
  • Extradition Lawyers’ Association
  • Women In Criminal Law
  • South Eastern Circuit
  • MA (Cantab)
  • LLM (Harv)
  • PhD (Cantab) in International Law
  • New York Bar Exam 1999, called to the NY Bar 2000
  • Called to the English Bar 2004
  • Churchill Scholar, Gray’s Inn (1998-1999)
  • WM Tapp Scholar, Gonville & Caius College, Cambridge (2002-2005)
  • James Hunt Advocacy Prize, Gray’s Inn (2006)

 

  • Barnes et al (eds) ‘The Guide to Sanctions’ (September 2020, GIR) – full publication available here
  • Barnes & Dowding ‘Account Freezing Orders: Part 2 – In Practice’ Archbold Review (April 2020) – Full article available here
  • Barnes & Dowding ‘Account Freezing Orders’ Archbold Review (Feb 2020) – Full article available here
  • Barnes, Hill & Woods ‘OFSI gears up to use its civil enforcement powers’ World ECR (Feb 2019)
  • ‘Denial of Humanitarian Assistance’ in Shaheed Fatima QC (lead author) Protecting Children in Armed Conflict (Hart Publishing, 2018), available here
  • ‘United States Sanctions:  Delisting Applications, Judicial Review and Secret Evidence’ in Matthew Happold and Paul Eden (eds) Sanctions and Embargos in International Law (Hart Publishing: Oxford, 2016), available here
  • ‘Economic Warfare:  International Sanctions and Global Governance’ (forthcoming, Edward Elgar Publishing)
  • ‘Entry, Search and Seizure’ in Emmerson QC et al (eds) Human Rights and Criminal Justice (3rd ed. Sweet & Maxwell, 2012)
  • ‘The Investigation and Prosecution of Foreign Corruption in the United States’ in Nicholls et al Corruption and Misuse of Public Office (2011, 2nd ed, OUP)
  • Keeping the US at bay: enforcement of US sanctions laws in Europe, The Lawyer, 13 November 2007
  • The Impact of Economic Sanctions, written evidence before the House of Lords Economic Affairs Committee (October 2006)
  • Terrorist Financing: Challenges for Financial Institutions (July 2002) World Money Laundering Review, vol 1 no 7 (Barnes & Newcomb)
  • Global Responses to Terrorist Financing, (June 2002) World Money Laundering Review, vol no 6 (Barnes & Newcomb)
  • How The US Is Fighting Money Laundering, (Dec 2001) International Financial Law Review (Barnes, Elshihabi & Newcomb)
  • Contributor to Newcomb’s Digest Of Cases And Review Releases Relating To Bribes To Foreign Officials Under The Foreign Corrupt Practices Act, (2002 ed)
  • Attorney General’s Public International Law Counsel to the Crown (B Panel)
  • SFO Prosecution Counsel and PoCA Counsel (A Panels)
  • Judicial Appointments Commission Advisory Group
  • Inquiry for the Protection of Children in Armed Conflict, legal panel
  • Fair Trials International, Legal Experts Advisory Panel
  • Transnational Listing Project, University of Kent (UK) and Roma Tre University (Italy)

London School of Economics and Political Science (LSE)

Visiting lecturer:  ‘The Law of International Economic Sanctions’ graduate course (2009 – 2013)

Cambridge University, Supervisor in criminal law (2008-2009)

2008: St. Catherine’s College and Newnham College

2009: Girton College

Lloyd’s Law Reports:  Financial Crime

Consultant editor (2009 – 2014)

Office of the Prosecutor, International Criminal Tribunal for Rwanda (2002)

Consultant: Financial investigations & prosecutions project funded by the Open Society Institute, NY.

Litigation Attorney, Shearman & Sterling LLP, New York (1999-2002)

Junior counsel in a range of complex and cross-border litigation, including securities and banking fraud, money laundering and asset restraint, and corruption in international business transactions; internal investigations relating to financial and regulatory crime both in the US and overseas; advised corporations on money laundering, corruption and sanctions regulatory compliance and general corporate governance matters.

Notable cases included: Xerox Corporation SEC proceedings ($3bn overstatement of revenues, counsel to external auditors); US Senate investigation on money laundering (counsel to international financial institution subject to investigation); internal investigation for major US financial institution into bank fraud, money laundering and corruption in Latin America.

Selected conference and seminar presentations

Global Sanctions Forum, London, 24 September 2019

Jersey Sanctions Forum, St Helier, 17 September 2019

Cypriot/English Law Day: EU and US sanctions, Limassol, 13 September 2019

Global Sanctions Forum, London, 31 October 2018

“Economic Sanctions Litigation and Kill Lists” at Reprieve Kill List Colloquium, Oxford 7 Jan 2017

UN Experts Meeting on FGM and international crimes, London 20 Jan 2017

‘Sanctions and embargos: international law and contemporary practice’, Institute of International and Comparative Law conference 29 April 2013

“International Economic Sanctions” 2013 Lexis webinar

Listen to Rachel discuss International Economic Sanctions Part One and Part Two with online CPD provider CPDcast (2011)

“Economic Sanctions: Aspects of Risk in Business Transactions”, The Legal Implications of Economic Sanctions, 14 July 2011, LexisNexis conference, London

“An Area of Freedom, Security and Justice – Reviewing Extradition Within the EU”, 20 January 2011, Chatham House, London (attended by Sir Scott Baker’s Extradition Review panel)

“Key points for financial crime in 2011: economic sanctions”, 27 January 2011, Anti-Money Laundering Professionals Forum, London

“Economic Sanctions: Law and Compliance”, 22 March 2011, Proceeds of Crime and Confiscation Conference, London

“Compliance, credibility and the UN Security Council’s targeted sanctions against Al-Qaida and the Taliban”, 16 April 2010, International Law Association, British Branch conference, Oxford Brookes University, Oxford

“Terrorist Financing and Financial Sanctions”, Corporate Crime: Money laundering and financing terror, 4 March 2010 Lexis webinar

Organisations

South Eastern Circuit; Criminal Bar Association; Bar Council US Group; Fraud Lawyers’ Association; Extradition Lawyers’ Association; Defence Extradition Lawyers’ Forum; Women In Criminal Law; Association of Disabled Lawyers

Languages

Basic French and Romanian

I, Rachel Barnes, am a data controller and can be contacted at 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH or by telephone on 020 7400 6400 or by email at rachel.barnes@3rblaw.com. My Data Protection Policy can be found below.

All personal data that I process is for the purposes of providing legal services, conducting conflict-checks, marketing, defending potential complaints, legal proceedings or fee disputes, keeping anti-money laundering records, training other barristers and pupils and when providing work-shadowing opportunities, and/or exercising a right to a lien. The types of data I process vary upon the nature of the legal matter but can include names, contact details, biographic details and ‘special category personal data’ (such as details of racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life and criminal convictions and proceedings).

Depending upon the circumstances of the case, the legal bases upon which I process personal data are (i) the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the processing is necessary to comply with legal obligations to which I am subject, or (iii) the processing is necessary for the legitimate interests set out above, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects which require protection of personal data, in particular where the data subject is a child. When I rely on (iii) legitimate interests, my ‘Legitimate Interests Assessment’ can be found here. When I process data which has not be obtained directly from the data subject (e.g. personal data contained in evidential materials), it will have been supplied to me as part of my instructions in circumstances covered by legal professional privilege.

Depending upon the circumstances of the case, I may share the personal data with:

  1. my Chambers, which supplies professional and administrative support to my practice;
  2. Courts and other tribunals to whom documents are presented;
  3. my lay and professional clients;
  4. potential witnesses, in particular experts, and friends or family of the data subject;
  5. solicitors, barristers, pupils, mini pupils and other legal representatives;
  6. ombudsmen and regulatory authorities;
  7. current, past or prospective employers;
  8. education and examining bodies;
  9. business associates, professional advisers and trade bodies.

I retain personal data for no longer than 7 years after the case has come to an end or as otherwise required by law.

I do not intend to transfer data to any country which is not either within the European Union, ‘white listed’ by the EU or otherwise permitted by EU law (e.g. to the USA under the provisions of the ‘Privacy Shield’).

Under the General Data Protection Regulation (GDPR), data subjects whose personal data I process have the right to request from me access to, and rectification or erasure of, their personal data, the right to the restriction of processing concerning them, the right to object to processing as well as the right to data portability. Data subjects also have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk).

In cases where there is a contract between me and the data subject, the provision of personal data is a contractual requirement and the data subject is obliged to provide the personal data in order that I can supply legal services. A failure to provide such data may mean that I will not be able to provide the legal services.

Rev 1.1 – 30.05.2018

Data Protection Policy

Legitimate Interests Assessment

Rachel Barnes is qualified to accept instructions direct from clients under the Bar Council’s Public Access Scheme. This means that members of the public who seek specialist advice can come direct to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme.

For further information please contact our Clerks.

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