Having completed her pupillage in chambers, Nadia Silver took up tenancy in 2003.
Nadia has developed a specialist practice focusing on fraud and money laundering offences and in trading standards prosecutions. She has particular expertise in dealing with confiscation under the Proceeds of Crime Act. She is frequently instructed to deal with complex, multi-handed prosecutions, both as junior and leading counsel. She has recent experience of prosecuting cases of people trafficking under the Modern Slavery Act.
Prior to coming to the bar, Nadia worked for a time for a firm of solicitors as a tribunal advocate, representing patients detained in hospital under the Mental Health Act. She has a continued interest in the prosecution and defence of mentally disordered defendants in the Criminal Justice System.
Nadia is a Grade 4 CPS Prosecutor. She is authorised to accept direct access instructions. She practices chiefly in London and on the Midlands Circuit.
Nadia was the contributing editor of the chapter on ‘Age Related Products’ in the 2017 edition of Consumer and Trading Standards Law and Practice (‘the Pink Book’) published by Jordan / LexisNexis. She has recently advised a London local authority on the prosecution of a multi-national company in relation to the sale of knives from two of its branches to under age test-purchasers.
Nadia was junior counsel instructed by a trading standards officer in her application to judicially review the decision of a local authority’s decision to reduce its trading standards and consumer provision. The case was supported by the Chartered Trading Standards Institute and Nadia acted in it pro-bono.
Nadia is regularly instructed in cases involving complex confiscation proceedings. In two recent cases she has been instructed post-conviction to deal specifically with complicated issues under the Proceeds of Crime Act.
A recent notable case involved two defendants, husband and wife, who were convicted of people trafficking offences. The husband was deported prior to a confiscation order being made. An issue arose as to whether a confiscation order could be made against him in his absence, where that absence was caused by the operation of the state, rather than the defendant absconding. Recent Court of Appeal authority suggested that the court could not order confiscation in those circumstances but left the door open where the defendant nonetheless had the opportunity to participate in the proceedings. The order was obtained in this case by arranging a video link prior to the hearing thus affording such an opportunity to the defendant. Although the defendant did not in fact attend, the court was satisfied that he had had adequate opportunity to do so, having regard to the authority, and the order was successfully obtained.
Appointments & Memberships
Nadia is a member of the Criminal Bar Association; and of the Honourable Society of the Middle Temple.
Serious and Complex Crime
The prosecution of large scale fraud forms a substantial part of Nadia’s practice. Recent cases include:
Operation Candara (2018)
Instructed as leading counsel in the prosecution of a multi-handed conspiracy to defraud motor insurers, in which the conspirators staged a number of collisions, over a 12-month period, in order to make fraudulent claims of personal injury. The case resulted in the conviction of 10 conspirators following linked trials lasting three months. Losses to the insurance companies exceeded £250,000.
Northamptonshire County Council v Garcha (2016)
The prosecution of a letting agent for a variety of fraud and fraudulent trading offences connected to the operation of his business, and the protracted confiscation proceedings which followed.
R v Ali (2018)
Shazad Ali was the first defendant in Operation Candara, responsible for orchestrating the conspiracy to defraud. Nadia was instructed in this linked prosecution for an offence of fraud by false representation, namely that Ali would provide complainants with the services of a barrister in their employment cases (services which were never provided but which cost the complainants several thousand pounds). The defendant unsuccessfully sought to argue that he was not fit to plead and ultimately entered Guilty pleas.
Operation Skipsea (2017)
Instructed as junior counsel in the prosecution of a multi-handed crash-for-cash fraud, in which the conspirators induced in excess of 41 road traffic collisions and thereafter made fraudulent and inflated claims for injury and damages.
R v Elliott (2016)
The prosecution of a fraud involving the sale of storage containers to which the defendant had no legal title, having rented them from a number of supply companies. The case involved total losses to the corporate complainants and members of the public in excess of £200,000.
Consumer and Trading Standards
Nadia regularly prosecutes a wide range of offences for Local Authority Trading Standards Departments. Recent cases include:
Westminster County Council v Akhundzada and Others (2018)
The prosecution of a trader for the sale of a wide range of counterfeit goods from a central London retail establishment.
Suffolk County Council v Energie Direct Ltd (2018)
The Prosecution of a company and its director for unfair trading offences committed in the sale of heating systems to elderly vulnerable consumers.
Suffolk County Council v Hayward (2018
The prosecution of a livestock farmer for a number of offences of animal cruelty under the Animal Welfare Act, and for offences of failing to properly dispose of the carcasses of cattle under the Animal By-Products Regulations 2013.
Leicestershire County Council v Kakamorad and Others (2018)
The Prosecution of a number of defendants connected with the sale of counterfeit and illicit tobacco from a retail premises in Loughborough, and in the case of one defendant for the large-scale warehousing of those goods.
Leicestershire County Council v Mahmood and Mahmood (2017)
The prosecution of the owners of a retail premises for the sale of counterfeit and illicit tobacco products.
Leicestershire County Council v Black (2016)
The prosecution of a farmer under s. 4 of the Animal Welfare Act 2006 and under the Welfare of Animals (Slaughter or Killing) Regulations 1995, involving the unauthorised slaughter of animals.
Education and Qualifications
- Nadia graduated from the University of Leeds with a BA (First Class) in English Language and Literature in 1995; and a MA (Distinction) in Literature from Commonwealth Countries in 1996.
- She undertook legal studies at City University, obtaining her CPE / Post Graduate Diploma in Law in 2000.
- She completed the Bar Vocational Course at the College of Law in 2001 and was called by the Honourable Society of the Middle Temple the same year.
- She was the recipient of Middle Temple Benefactor’s Scholarships for both her CPE and BVC.