James Onalaja > 187 Chambers > London, England > Barrister Profile

James Onalaja

020 7430 7430 jamesonalaja@187chambers.com View profile

Position

Ranked as a Leading Junior in The Legal 500 UK Bar
‘Intelligent, meticulously researched, charismatic, and understanding of
challenging clients and their needs.’ – The Legal 500, General Crime and Fraud
(2021)
James is an experienced and effective advocate with a great eye for detail. He
has cultivated a structured common law practice particularly focused on: all
aspects of criminal law including cases of violent and organised crime, serious
and complex frauds, allegations of sexual offences and gender based crimes,
asset forfeiture and confiscation; extradition matters; military justice and armed
forces law; regulatory law and tax litigation; and civil actions to protect the rights
of vulnerable individuals including actions against government bodies especially
on matters involving allegations of violations of human rights. He is ranked in The
Legal 500 Lawyer Rankings as a Leading Junior Counsel in all areas of General
Crime and Fraud.
James was recently instructed as Lead Counsel in a complex matter re
allegations of a spate of conspiracies to defraud financial institutions and
telecommunication companies with a potential value of £119 million, involving an
international network of co-conspirators, the dark web, crypto currencies and
substantial amount of electronic data evidence.
James is admitted to the International Criminal Court’s (ICC) List of Counsel and
the List of Specialist Counsel at the Kosovo Specialist Chambers (KSC). As a
result, he is eligible to represent defendants and victims at both international
criminal tribunals in the Hague on international criminal law matters including war
crimes, crimes against humanity and genocide. He is an elected member of the
International Criminal Court Bar Association (ICCBA) Amicus Committee and
Training Committee.
He is fully trained in and has an in-depth experience in dealing with vulnerable
and youth clients as well as in the handling of sensitive cases and vulnerable
witnesses with the necessary respect and delicacy in order to extract essential
and cogent evidence.
James is accredited by the Bar Standards Board to receive cases and instructions
directly from members of the public and non-legal corporate entities in all practice
areas.

Career

Asset Forfeiture & Confiscation:

James is regularly instructed in proceedings under the Proceeds of Crime Act
2000, including on matters involving allegations of money laundering and
acquiring criminal property, resulting in asset forfeiture and confiscation
proceedings. A sample of cases he has dealt with include:
R v KK [2019]
Proceedings under the Proceeds of Crime Act 2000 for the confiscation of assets
alleged to be proceeds from the commercial supply of class A drugs.
R v DW [2019]
Confiscation proceedings arising out of a determination that the defendant had a
criminal lifestyle linked to the commercial supply of Class A drugs.
R v GF [2013]
Post-conviction confiscation proceedings following multi-handed convictions for
conspiracies to supply Class A drugs. Involved arguments re the third party
interest of the defendant’s partner to monies seized from the defendant.
R v TT [2013]
Confiscation proceedings re £147,677 said to be the defendant’s proceeds from
a criminal lifestyle arising from facilitating the illegal entry of migrants into the UK.
R v W [2012]
Confiscation proceedings re £20,000 cash discovered at the home of an
individual found to be involved in the commercial supply of Class B dugs. Involved
arguments re 3rd party interest of family members and business partners in the
cash.
M & M v UKBA [2010]
Challenge to the forfeiture order obtained by the UK Border Force following its
seizure of large quantities of monies in different currencies from an appellant with
mental health difficulties travelling via Heathrow Airport and alleged to be a
conduit for an international organised criminal group.

Bribery & Corruption:

James receives instructions on matters involving allegations of bribery and
corruption, including under the Bribery Act 2010.

Criminal Defence:

James is ranked in The Legal 500 Lawyer Rankings as a Leading Junior in all
areas of General Crime. He has developed a solid criminal practice, with
emphasis on both defence and prosecution work. He regularly appears in Crown
Courts throughout the English jurisdiction, represents clients facing serious
allegations before summary courts and deals with appeal matters at all levels of
the appellate jurisdiction. He has greatly benefited from an exposure to a wide
spectrum within the said practice area, including: allegations of serious and
organised crime; violent crime; matters of dishonesty and; serious sexual
offences. Cases he has dealt with include:
R v RB [2019]
Allegation of Arson by a defendant with enduring mental health issues including
schizoaffective disorder.
R v YJ [2019]
Allegations of a spate of sexual assaults in public spaces by a defendant with a
history of mental health difficulties.
R v EB & Another [2019]
Allegations of a multi-handed violent armed robbery of a home.
R v HF & Others [2019]
Allegations of a targeted revenge shooting by members of an organised criminal
gang.
R v DT (Court of Appeal) [2018]
Appeal against conviction and sentence in a case involving allegations of historic
child sex abuse by a family member. Issues re what amounts to bad character
evidence and the impact of the trial judge’s refusal to give a good character
direction to the jury.
R v RH [2017]
Old Bailey matter re unlawful wounding of restaurant staff by prospective
customer, with extensive CCTV evidence.
R v DT [2017]
Allegations of historic child sex abuse by a family member, involving delicate and
skilful handling of child witnesses and evidence.
R v TC [2016]
Sexual assault of vulnerable complainant with mental health issues.
R v EM & Other [2016]
Alleged violent multi-handed armed robbery of alleged local ‘drug dealer’ by
defendant with mental health issues.
R v TJ [2015]
Allegation of possession of firearms with intent to endanger life following a
‘gangland’ shooting allegedly over a drug dispute.
R v HR [2015]
Allegation of gross dishonesty against a serving RAF personnel.
R v AW [2013]
Attempted murder and section 18 GBH by soldier re 2 separate complainants.
R v JL [2013]
Allegation of gang violence against publican arising from alleged protection
racket.
R v AS & Other [2013]
Alleged Hampstead Heath gang armed robbery involving a vulnerable defendant.
R v L (Court of Appeal) [2012] EWCA Crim 830
Limits to the impact of joint enterprise in sentencing, and the relevance of actual
roles played by defendants in a violent gang armed robbery and ‘carjacking’.
R v D (Court of Appeal) [2010] EWCA Crim 1998
Appeal against conviction re multi-handed gang assault with intent to rob.
R v M [2007]
Case re five deaths by dangerous driving by a military personnel.
R v H & Others [2007]
Multi-handed attempted robbery.
R v BY [2007]
Allegations of sexual assaults by penetration of a learning disabled individual.
R v GY [2006]
Allegations of making indecent images of children.

Criminal Prosecution:

Alongside his solid defence base, James is regularly instructed by a number of
prosecution and public authorities thus ensuring a healthy balance which
encapsulates all the essential skills of a competent advocate. This includes: The
Crown Prosecution Service (CPS); Her Majesty’s Revenue & Customs (HMRC);
Financial Conduct Authority (FCA), local government authorities and; The
Probation Service. He is ranked in The Legal 500 Lawyer Rankings as a Leading
Junior in all areas of General Crime. A sample of cases he has had conduct of
include:
R v AD [2020]
Case involving a violent armed robbery on a public transport by a defendant with
an extensive history of mental health difficulties.
R v JN [2019]
Allegations of child sex abuse, production of images of the abuse and indecent
images of other children in the family as young as 6 months by their uncle, and
the distribution of the indecent images across an international paedophilia
network via the ‘dark web’.
R v LW [2019]
Allegations of armed robbery of a luxury vehicle outside a primary school
involving threats of acid attack, and dangerous driving in an attempt to evade
arrest.
R v AR [2019]
Allegation of a gang conspiracy to burgle a neighbourhood of several residential
properties in one night.
R v MW [2018]
Case involving allegations of child cruelty and child neglect by a mother with
vulnerabilities linked to substance abuse.
R v BM [2018]
Allegations of violent assaults by a prisoner on a number of medical and prison
staff after alleged consumption of psychoactive substances.
R v CR [2017]
Allegations of coercive control, violent domestic assault, burglary and extensive
criminal damage of the victims’ home by the defendant (ex-partner and father
respectively).
R v MS [2016]
Alleged attempted armed robbery of a financial institution.
R v EP [2014]
Allegation of forgery and extensive fraud against a local authority.

Civil Disputes, Human Rights & Public Law:

James is cultivating a growing practice in civil actions particularly against
government departments and bodies exercising executive powers, including
matters involving allegations of violations of human rights, civil liberties, and
judicial review of the exercise of powers by branches of the State. Matters he has
dealt with include:
JB v Commissioner for Police of Metropolis & Chief Constable of West
Midlands Police [2016] High Court
Civil action re repeated acts by numerous police officers of: wrongful arrests,
unlawful detention; negligence, breaches of Data Protection Act ’98 and actions
under the Human Rights Act ’98 for infringements of Article 5 and 8 ECHR,
following repeated arrests over several years for an alleged murder.
Colchester Borough Council v NC [2014]
Civil action to prevent a local authority from obtaining an injunction which restricts
a vulnerable defendant from accessing mental health services and seeks to
restrain him from displaying symptoms of his disorder.
B v Chief Constable for Sussex Police [2014]
Civil action re repeated: wrongful arrests, unlawful detention; negligence, and
actions under the Human Rights Act ’98 for infringements of Article 5 and 8
ECHR by numerous police officers.
RS v Sec of State for Home Department [2014]
Civil claim for unlawful detention, harassment, and under the Human Rights Act
’98 for violations of Articles 5 and 8 ECHR by UK Border Force agents, following
an unlawful attempt to deport.
AG v Direct Line Insurance [2013]
Negligence and breach of contract claim re wrongful cancellation of car
insurance.
Tosdevine v Cooperative Group Ltd. [2012]
Medical negligence cost dispute.
ASNWA Ltd v VA & Others [2012]
Advice re intellectual property rights, constitution of unincorporated organisation
and rights of members.

Extradition and International Law:

James is admitted to the Crown Prosecution Service’s International Justice and
Organised Crime Division’s Specialist Extradition Advocate Panel. He is trained
in and able to act for both the requesting States and for requested individuals in
extradition proceedings throughout the UK jurisdiction.
James is admitted to the International Criminal Court’s (ICC) List of Counsel and
the List of Specialist Counsel at the Kosovo Specialist Chambers (KSC). As a
result, he is eligible to represent defendants and victims at both international
criminal tribunals in the Hague. He is trained and experienced at working on
cases with international and transnational criminal law elements including
allegations of war crimes, crimes against humanity, genocide, serious and
complex cross-border crimes, cases involving obtaining or utilising evidence from
other jurisdictions and matters involving international organised criminal groups.
He is trained and experienced at working on matters involving international
humanitarian law and international human rights law and recently worked on such
matters with Prakken d’Oliveira International Human Rights Lawyers whilst based
in the Netherlands. He has worked with members of the United Nations Human
Rights Committee (UNHRC) in preparing the committee members for the 122nd
Session of the UNHRC in Geneva, where the committee conducted periodic oral
dialogues with States and reviewed their implementation of the International
Covenant on Civil and Political Rights (ICCPR).
James is an elected member of the International Criminal Court Bar Association
(ICCBA) Amicus Committee, charged with responding to requests for ICCBA
amicus curiae opinions to assist the ICC chambers, through the provision of legal
or factual expertise that is relevant to the determination of issues in cases before
the ICC. James is also a member of the ICCBA Training Committee, responsible
for the design and implementation of training in substantive and procedural
international criminal law and advocacy for all ICCBA members.
Matters he has dealt with include:
Latvia v IV [2020]
Represented Latvia in its European Arrest Warrant (EAW) extradition
proceedings, for the surrender of a fugitive convicted of Grievous Bodily Harm
resulting in the victim’s death.
Poland v W [2020]
Represented Poland in the contested EAW extradition proceedings for the
surrender of a fugitive of 11 years to serve a substantial sentence for being party
to extensive conspiracies to defraud by an organised criminal group.
R v SF & Others [2020]
Acted for one of the defendants in a multi-handed case of an international
conspiracy re cross-border people smuggling.
122nd Session of the United Nations Human Rights Committee (UNHRC)
[2018]
Worked with members of the UNHRC in preparation for and in Geneva at the
periodic oral dialogues with States, reviewing the States’ implementation of the
ICCPR.
Case 004/02 Extraordinary Chambers in the Court of Cambodia [2017]
Worked with the team of defence lawyers on the defence response to the
prosecution’s submissions re the closing orders by the co-investigating judges on
the sufficiency of evidence to support charges including crimes against humanity
and genocide.
R v X [2016]
Instructed to advise a UK resident and high net worth individual on extradition and
transnational criminal law issues following the instigation of criminal prosecution
in her home country and the said State’s issuing of a Red Notice via Interpol.
Operation Galvez [2015]
Independent Counsel re dispute issues arising from a cross-border investigation
and prosecution re an alleged large scale and wide ranging tax fraud involving
several international corporate entities and individuals.
Operation Amazon [2014]
Appointed as Independent Counsel to advise on issues arising from a wide
ranging HMRC prosecution for alleged large scale, international carbon tax credit
fraud, involving a wide network of off-shore companies, investment vehicles and
the obtaining and use of evidence from other jurisdictions.

Fraud & Financial Crime:

James is regularly instructed on matters of serious and complex fraud. He is
ranked in The Legal 500 Lawyer Rankings as a Leading Junior Counsel in Fraud
cases. He was on the Serious Fraud Office (SFO) Prosecution Counsels List, B
Panel until 2017. He was instructed as Independent Counsel to the SFO in its first
investigation into the 2008 financial crisis and the allegations of fraud leading to
the collapse of a major international bank. He is experienced at acting as
independent counsel and has been instructed on a number of HMRC operations
and investigations, advising the investigators, suspects and defendants on issues
arising out of the investigations. Matters he has dealt with include:
R v OA & Another [2020]
Lead Counsel in an alleged complex spate of conspiracies to defraud financial
institutions and telecommunication companies with a potential value of £119
million, involving an international network of co-conspirators, the dark web, crypto
currencies and a substantial amount of electronic data evidence.
R v OB [2016]
Allegations of a prolonged and wide-ranging fraud on an extended family by a
defendant allegedly posing as a police officer conducting a criminal investigation.
R v CA [2015]
Allegations of defrauding a number of healthcare institutions over an extended
period of time and acquiring thousands of pounds in criminal property as a result
of the alleged fraudulent obtaining of employment and possession of identity
documents with improper intention.
Operation Galvez [2015]
Independent Counsel re dispute issues arising from a cross-border investigation
and prosecution re an alleged large scale and wide ranging tax fraud involving
several international corporate entities and individuals.
Operation Epsom [2015]
Instructed as Independent Counsel to advise on the Legal Professional Privilege
dispute arising between HMRC and a suspect in an ongoing HMRC investigation.
R v HC [2014]
Allegations of perverting the course of justice, using a false instrument and fraud
re the fraudulent obtaining of a writ of possession from the Royal Courts of
Justice, fraudulent eviction of leaseholders and obtaining vacant possession of
real estate property worth £1.2 million.
Operation Amazon [2014]
Appointed as Independent Counsel to advise on issues arising from a wide
ranging HMRC prosecution for alleged large scale, international carbon tax credit
fraud, involving a wide network of off-shore companies, investment vehicles and
the obtaining and use of evidence from other jurisdictions.
R v T [2013]
Allegations of an extensive and wide-ranging fraud on the exchequer and a local
authority.
R v AT [2013]
Matter re allegations of a conspiracy to defraud various financial institutions by an
international network of organised criminal gangs fraudulently using identities and
credit card details of third parties.
Rawlinson & Hunter Trustees and Vincent and Robert Tchenguiz v SFO [2012]
Independent Counsel advising parties on LPP issues arising out of the proposed
SFO prosecution for alleged multi-million pounds’ fraud following the collapse of
Kaupting Bank.

Military & Courts Martial:

James receives instructions to represent armed forces personnel appearing at
Courts Martial both within the UK and abroad. Over the years, he has developed
a professional working relationship with service men and women of varying ranks,
and also with civilian staff who are caught within the ambit of armed forces law.
Cases he has dealt with include:
Private M [2019] Military Courts Martial
Allegations of misconduct and violent assault on a superior officer.
Guardsman C [2016] Military Courts Martial
Allegations of AWOL by a soldier following orders re deployment to Afghanistan.
Private A [2010] Military Courts Martial
Allegations of a violent sexual assault of a fellow military personnel.
Air Trooper W [2009] Military Courts Martial Appeal
Allegations of AWOL by military personnel with severe mental health issues.
Guardsman H & Others [2008] Military Courts Martial, Germany
Alleged multi-handed violent assault and counter allegations of fundamentalist
terrorism.

Professional Discipline:

James acts on cases before the professional disciplinary panels including the
Nursing and Midwifery Council and is experienced at representing both the
interests of regulators, professional bodies and professionals. A sample of cases
include:
HL v NMC [2019]
Advise re substantive order imposed by the NMC Practice Committee striking the
Registrant from the register of practicing nurses following allegations of the entry
being fraudulently procured.
PD v NMC [2016]
Conduct and Competence Committee review Under Art 30 Nursing and Midwifery
Order 2001 of a substantive suspension order imposed on the Registrant.
TB v NMC [2016]
Review of the conditions of practice order imposed on the Registrant by the
Conduct and Competence Committee of the NMC.
SB v NMC [2016]
Review of a condition of practice order imposed on the Registrant following
findings of lack of competence and misconduct.
SDNH v MS [2014]
Internal grievance and disciplinary proceedings involving allegations of
harassment and bullying of the company accountant by senior management.
Regulatory Law
James is regularly instructed on matters of regulatory law, including the following
matters:
Synectiv Ltd v HMRC [2017] UKUT 0099 (TCC)
£1.4 million tax dispute arising from allegations of Missing Trader IntraPage 10/14
Community (MTIC) fraud, leading to the appeal of findings of the First-Tier
Tribunal to the Upper Tribunal (Tax and Chancery Chamber) (Junior Counsel).
CH v HMRC [2016] UKFTT 316 (TC)
Challenges to HMRC’s enquiries into tax returns and right to request information
and impose penalties for failures to comply.
Gold Nuts Ltd et al v HMRC [2016] Lloyds Rep. F.C. 249
Legal arguments re the limits of the privilege against self-incrimination excisable
by company directors and corporations during HMRC enquiries into corporation
and self-assessment tax returns.
QP Ltd v HMRC [2016] UKFTT 100 (TC)
HMRC powers to request information and documentation as part of enquires
allegedly opened for an improper motive and the nature and extent of statutory
records for the purpose of schedule 36 information notice requests.
Annova Ltd v HMRC [2014] UKUT 0028 (TCC)
Multi-million pounds VAT dispute leading to the appeal of the findings of the FTT
to the Upper Tribunal (Tax and Chancery Chamber) (Junior Counsel).
Synectiv Ltd v HMRC [2013] UKFTT 677 (TC)
£1.4 million VAT dispute matter arising from allegations of MTIC fraud (Junior
Counsel).
Base Interactive Ltd v HMRC [2013]
Tax dispute worth over £13 million arising out of allegations of MTIC fraud and a
complex contra trading network involving a large number of companies across
Europe.
Softhouse Ltd v HMRC [2012] LON/2008/01903
£2.9 million tax dispute (Junior Counsel).
Annova Ltd v HMRC [2011] UKFTT 742 (TC)
Multi-million pounds VAT dispute arising from allegations of an extensive MTIC
fraud (Junior Counsel).

Tax Appeals:

James is regularly instructed in tax dispute matters before tax tribunals by
individuals, corporations and HMRC. He has acted as junior and sole counsel for
HMRC on a number of multimillion pounds tax disputes, particularly those arising
out of allegations of Missing Trader Intra-Community (MTIC) fraud. He was
instructed by HMRC as sole counsel on a tax dispute matter worth over £13
million. Cases he has dealt with include:
Synectiv Ltd v HMRC [2017] UKUT 0099 (TCC)
£1.4 million tax dispute arising from allegations of MTIC fraud, leading to the
appeal of findings of the First-Tier Tribunal to the Upper Tribunal (Tax and
Chancery Chamber) (Junior Counsel).
CH v HMRC [2016] UKFTT 316 (TC)
Challenges to HMRC’s enquiries into tax returns and right to request information
and impose penalties for failures to comply.
Gold Nuts Ltd et al v HMRC [2016] Lloyds Rep. F.C. 249
Legal arguments re the limits of the privilege against self-incrimination excisable
by company directors and corporations during HMRC enquiries into corporation
and self-assessment tax returns.
QP Ltd v HMRC [2016] UKFTT 100 (TC)
HMRC powers to request information and documentation as part of enquires
allegedly opened for an improper motive and the nature and extent of statutory
records for the purpose of schedule 36 information notice requests.
Annova Ltd v HMRC [2014] UKUT 0028 (TCC)
Multi-million pounds VAT dispute leading to the appeal of the findings of the FTT
to the Upper Tribunal (Tax and Chancery Chamber) (Junior Counsel).
Synectiv Ltd v HMRC [2013] UKFTT 677 (TC)
£1.4 million VAT dispute matter arising from allegations of MTIC fraud (Junior
Counsel).
Base Interactive Ltd v HMRC [2013]
Tax dispute worth over £13 million arising out of allegations of MTIC fraud and a
complex contra trading network involving a large number of companies across
Europe.
Softhouse Ltd v HMRC [2012] LON/2008/01903
£2.9 million tax dispute (Junior Counsel).
Annova Ltd v HMRC [2011] UKFTT 742 (TC)
Multi-million pounds VAT dispute arising from allegations of an extensive MTIC
fraud (Junior Counsel).

Trading Standards:

James is experienced at dealing with licensing, trademarks and copyright matters,
and receives instructions in this area. He has acted for a number of individuals
and corporations facing allegations of digital piracy as part of FACT investigations
and prosecutions. He has provided advice to corporations on the protection of
intellectual property.

Languages

Native fluency in Yoruba (Nigeria) & Basic French

Memberships

International Criminal Court (ICC) List Counsel
Kosovo Specialist Chambers (KSC) Specialist Counsel
International Criminal Court Bar Association (ICCBA)
ICCBA Amicus Committee
ICCBA Training Committee
International Bar Association – War Crimes Committee
International Criminal Defence Lawyers Association
Criminal Bar Association
Association of Military Courts Advocates
South Eastern Circuit
Honourable Society of Lincoln’s Inn
Amnesty Internationa

Education

Education:
LLM with Distinction (Cum Laude) in International Criminal Law,
Amsterdam Law School, University of Amsterdam
Global Alliance Certificate in International Criminal Law, Columbia Law
School, Columbia University in the City of New York.
PG Dip., Professional and Legal Skills, Inns of Court School of Law, City
University, London
LLB (Hons), College of St Hild & St Bede, Durham University
Scholarships:
Keble Scholar, Lincoln’s Inn
Hardwicke Scholar, Lincoln’s Inn

Associated Work:
• Member of the Bar Council’s ‘Speak up for Others’ schools outreach
programme;
• Involved in the training and mentoring of bar students at Lincoln’s Inn and the
University of Law;
• Provides CPD accredited lectures and training to legal practitioners and other
professionals.
Publications:
• “Resolving the Al-Bashir Conundrum – In light of the conflicting opinion of the
ICC judges on the legal basis for finding State parties non-compliant with the ICC
request for the arrest and surrender of Omar Al-Bashir, are State parties to the
Rome Statute under an obligation to Arrest Al-Bashir and surrender him to the
ICC?” – University of Amsterdam UvA Scripties Online [2018] –
http://www.scriptiesonline.uba.uva.nl/665712
• “Day in the Life of a Barrister” – Student Law Review, Cavendish/Routledge
Publishing [2007]
• “Journey to the Axis of Evil” – Durham21.co.uk [2002]

October 2004 (Lincoln’s Inn)

Direct Access:
James Onalaja is approved to accept instructions direct from international and UK
clients on a direct access basis, without the need for a solicitor intermediary in
appropriate cases.

Leisure

James is a keen photographer and artist. He enjoys experiencing new cultural
destinations and has a passion for travel journalism. He has been awarded the
Queens Golden Jubilee Millennium Volunteer Award of Excellence for his work in
the community. James has sat on the boards of trustees of two charities
responsible for outreach projects across North London.