Challenge to validity of a search warrant – application for continuing relief. Judges: Ouseley J Citations:  EWHC 3040 (Admin) Links: Bailii Statutes: Crime (International Co-operation) Act 2003 Jurisdiction: England and Wales Police Updated: 26 April 2022; Ref: scu.621446
This case raises for consideration the question, amongst others, whether the common law duty of disclosure or candour attaching to an applicant for a domestic search warrant is applicable, in modified form, to an authority requesting assistance by way of a Letter of Request from a foreign authority, pursuant to the provisions of s.7 of … Continue reading Unaenergy Group Holding Pte Ltd and Others, Regina (on The Application of) v The Director of The Serious Fraud Office: Admn 29 Mar 2017
Value Added Tax – input tax – MTIC fraud – admissibility of evidence – whether excluded by section 9(2) Crime (International Co-operation) Act 2003 – whether to be excluded as unreliable – whether to be excluded for non-compliance with direction.  UKUT B2 (TCC),  BVC 1513,  STI 305,  UKUT 464 (TCC) Bailii … Continue reading Megantic v HM Revenue and Customs: UTTC 11 Jan 2011
The claimant ha been involved in the management of a company operating a ferry in Egypt. The claimant had been acquitted in Egypt of criminal liability, but then convicted in his absence on appeal, after submissions made on his behalf were discounted because of his absence. After sentence to imprisonment, the Egyptian court requested the … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016
Renewed application for judicial review whereby the claimant seeks permission to challenge the issue and execution of a search warrant for its premises. The warrant was requested by a German prosecutor under mutual legal assistance pursuant to section 16 of the 2003 Act. Beatson LJ, Cranston J  EWHC 3465 (Admin) Bailii Crime (International Co-operation) … Continue reading Brookfield Aviation International Ltd v The Guildford Crown Court and Others: Admn 4 Dec 2015
The applicant sought, inter alia, an order quashing the decision of the Director of Public Prosecutions under section 7(5) of the 2003 Act requesting mutual legal assistance from the United States Central Authority in respect of material held by Boston College, Massachusetts and pertaining to the applicant. Treacy J  NIQB 7 Bailii Crime (International … Continue reading Rea (Winston Churchill), Re Judicial Review: QBNI 9 Feb 2015
The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that … Continue reading Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
The CPS had obtained evidence through letters of request. Mr and Mrs Gohil had previously divorced and reached a financial settlement. The evidence apparently disclosed further substantial assets which W said had not been disclosed in the settlement . .
A foreign court had sent a letter requesting assistance. The Act had a clear error of drafting and the court was now asked whether it could correct that error to direct an application for a production order.
Held: The Act could be read to . .
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Whether the judge had been right to admit evidence given by telephone only from a witness in Belgium. Held: The appeal succeeded. Parliament authorised in sections 30 and 31 that witnesses who are present in the United Kingdom could be heard in other countries by telephone and television links, but in contradistinction the hearing of … Continue reading Diane, Regina v: CACD 9 Jul 2009
The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission.