The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
The court conisdered the effects of the provisions of the 2002 Act to be to ‘force a party in NatWest’s position to report its suspicions to the relevant authorities and not to move suspect funds or property either for seven working days or, if a notice of refusal is sent by the relevant authority, for … Continue reading Squirrell Ltd v National Westminster Bank Plc: ChD 22 Apr 2005
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000). Held: The defendant was unable to set off against the amount ordered to be paid any sum which … Continue reading Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005
Appeal against an order refusing to vary a restraint and disclosure order made under the Criminal Justice Act 1988 by the deletion of a paragraph from it. The restraint order was made in the usual form on application and undertakings by HM Customs and Excise, on the basis that the appellant was involved in laundering … Continue reading In re Jackson: CA 15 Apr 2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of whether the statutory provision infringed the right to a fair trial was for each particular case which came … Continue reading Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The defendant had been acquitted of criminal charges and had an order for costs made in his favour. The claimant pursued a civil recovery order. The defendant sought a variation of the interim order. Held: When considering such an application, the court should treat the issues as under property law so as to protect the … Continue reading Director of Assets Recovery Agency v Creaven and Others: QBD 8 Nov 2005
The first defendant’s bankers had heard of his conviction for fraud in Israel and had notified his and associated bank accounts to SOCA. He now appealed against ex parte world wide asset freezing (PFO) and disclosure orders (DO) made againt him. The PFO appellants sought an order varying the property freezing order so as, inter … Continue reading Serious Organised Crime Agency v Perry: Admn 28 Jun 2010
The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence. Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of … Continue reading Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 2017
Claim for compensation brought by the claimant under the 2002 Act alleging a serious default on the part of the police in not disclosing to the Crown Court when applying for a restraint order against him, the fact that he was an informant who had given valuable information against the very criminal whose assets he … Continue reading A v ACC: QBD 15 Feb 2017
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left … Continue reading Sanam v National Crime Agency: CA 2 Dec 2015
Renewed applications for leave to appeal by two applicants who were convicted, following pleas of guilty, of offences of false accounting. They challenged the use of the Commencement order for the 2002 Act as it applied to offences coming into force after the partial commission of continuing unlawful benefits claims. Morgan LCJ, Coghlin LJ and … Continue reading McCool and Another, Regina v: CANI 22 May 2015
The respondents sought to have set aside a world wide asset freezing and associated orders obtained by SOCA against them. They said that the Court had no jurisdiction over them, and that the Agency was guilty of wilful non-disclosure. They first respondent had been convicted in Israel of offences of dishonesty. Foskett J [2009] EWHC … Continue reading Serious Organised Crime Agency v Perry and Others: Admn 30 Jul 2009
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011
The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed. Held: The appeals succeeded (Judge and Clarke dissenting). The … Continue reading Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015
The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support. Held: The request for judicial review … Continue reading Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014
The defendant had pled not guilty to a charge of entering into a facility which would facilitate money laundering. The court upheld that plea. The prosecutor now appealed. Held: The appeal failed, although under section 328 it is not necessary for criminal property to exist at the moment when parties come to a prohibited arrangement, … Continue reading G and Another, Regina v: CACD 5 Dec 2013
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however became engaged to a new partner before the consent order was made, and remarried two days … Continue reading Jenkins v Livesey (formerly Jenkins): HL 1985
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. Ward LJ, Sedley LJ, Hooper LJ [2007] EWCA Civ 375, [2008] 1 All ER 465 Bailii Proceeds of Crime … Continue reading UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been … Continue reading Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another: CA 25 Mar 2011
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014
Claim by the National Crime Agency brought under s. 243 of the Proceeds of Crime Act 2002 (‘POCA’). Under Part 5 of POCA, s. 266, the NCA is enabled to recover property which is, or represents, property obtained through unlawful conduct. The NCA . .
The Albanian claimant was found at Heathrow Airport with a ticket to Tirana and with over andpound;20,000 in cash in his baggage. The district judge held that the cash had been obtained through unlawful conduct and that it was therefore recoverable . .
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with . .
Claim brought by the National Crime Agency (the ‘NCA’) for a civil recovery order under Chapter 2 of Part 5 of the POCA in relation to certain assets (the ‘Disputed Assets’) held by the First and Second Defendant. . .
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief . .
Claim by the National Crime Agency under Part 5 of the Proceeds of Crime Act 2002 for the recovery of property and bank accounts owned by various Defendants alleged to be property obtained through unlawful conduct. . .
The Agency sought an order against a bank account saying it represented the proceeds of crime. Third parties said that having lost sums due to unlawful activities by the defendant, they also had a claim against it. . .
. .
The claimant owned properties subject to charges in favour of a bank. The Agency alleged that the properties represented the proceeds of crime. The agency had settled its claim by taking a second charge over one property. When that was sold, only . .
The court was asked ‘Does a court in England and Wales have the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside this jurisdiction, . .
The court heard appeals against disclosure orders made under the 2002 Act. The appellants argued that neither the offence, nor the assets nor the appellants themselves were within the jurisdiction. . .
The appellants challenged an order made against them under the 2002 Act where Mr Gale had been prosecuted abroad, but not convicted on drug trafficking allegations. The Agency said that no satisfactory explanation had been given of the considerable . .
Mr Gale had been prosecuted twice in foreign courts on allegations of drug trafficking. Each prosecution had failed. The Agency nevertheless sought an order under the 2002 Act alleging that his property was the fruit of criminal activity.
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in . .
The Agency asked to have set aside four orders allowing the defendant to have excluded from his assets subject to an interim receiving order to allow payment of his legal expenses.
Held: There was no rule that assets once excluded from an . .
Several of the defendants applied for assets to be excluded from an interim receiving order in order to enable them to meet legal expenses. . .
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that . .
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil . .
The Commissioner sought judicial review (with permission) of an order made by Magistrates in effect that the police should release cash, which was the subject of a forfeiture application under section 298 of the Proceeds of Crime Act 2002, to the . .
The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume . .
The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision.
Held: The review was . .
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The Respondents applied to strike out the claim under the Act on grounds including that it disclosed no reasonable grounds for bringing the claim and was an abuse of process. Held: The application was refused. Judges: Dobbs J Citations: [2006] EWHC 1906 Statutes: Proceeds of Crime Act 2002 Part 5 Jurisdiction: England and Wales Cited … Continue reading Assets Recovery Agency v Olupitan and Another: 2006
The claimant was responsible for recovering money under the 2002 Act, and alleged that the first defendant had been engaged in a mortgage fraud. Held: To succeed in such a claim for recovery the Claimant must prove, ‘on a balance of probabilities’, that the matters alleged to constitute unlawful conduct occurred. The court had a … Continue reading Assets Recovery Agency v Olupitan and Another: QBD 8 Feb 2007
Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process.
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge. Held: Such orders did not apply to the applicant’s assets in Scotland. The orders were quashed and new orders substituted restricting their ambit to England and Wales. Judges: Lord Justice … Continue reading King v The Serious Fraud Office: CACD 18 Mar 2008
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the defence. One of the police witnesses said that no fingerprints were found … Continue reading Edwards v The United Kingdom: ECHR 16 Dec 1992
The defendant was convicted of an offence to which section 15 of the Theft Act did not apply. It involved a deception of the auditors of BCCI in concealing a number of substantial loans made to a group of companies run by the defendant. Buxton J had considered that Rees was confined to its own … Continue reading Abbas Kassimali Gokal v Serious Fraud Office: CA 16 Mar 2001
(Court for Crown Cases Reserved) The defendants were charged with conspiracy to defraud a judgment creditor of the fruits of a judgment by dishonestly backdating a dissolution of their partnership to a date prior to a bill of sale given by Railton to Cox in respect of his assets. The trial judge permitted the prosecution … Continue reading Regina v Cox and Railton: 1884
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008
No Waiver for disclosure of Advice EAT PRACTICE AND PROCEDURE: Admissibility of evidence The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they … Continue reading Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The court considered how to deal with a payment into court for the benefit of the parties when assets of one were to be made subject to a restraint order. Newey J [2016] EWHC 1996 (Ch) Bailii Proceeds of Crime Act 2002 England and Wales Litigation Practice Updated: 20 January 2022; Ref: scu.567846
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income … Continue reading Gabriel, Regina v: CACD 2 Feb 2006
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had sufficient evidence tat one of the properties charged had been the fruit of unlawful conduct. … Continue reading The Scottish Ministers v Stirton and Another: SCS 7 Nov 2014
Belfast – ‘The twenty eight charges against this defendant, Wu Pu Paul Mo, are each of converting criminal property contrary to Section 327(1)(c) of the Proceeds of Crime Act 2002. The particulars of each offence allege that he converted criminal property by purchasing bankers drafts from monies held in one of five accounts in his … Continue reading MO, Regina v: CCNI 17 Oct 2013
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 2014
The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest. Held: Despite the finding that she had some awareness of her husband’s activities, the claimant was entitled to keep … Continue reading Gibson v Revenue and Customs Prosecution Office: CA 12 Jun 2008
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves. Held: The appeal failed. The public interest required that those alleged to be in the possession of property belonging to a third party should be allowed to … Continue reading Kensington International Ltd v Republic of Congo: CA 7 Nov 2007
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001
SCS Outer House – (i) The petitioners are the enforcement authority for Scotland for the purposes of part 5 of the Proceeds of Crime Act 2002. They sought, and were granted, a disclosure order in terms of section 391 of that Act, averring that certain property of which the respondent has knowledge was the subject … Continue reading In The Petition Scottish Ministers for A Disclosure Order In Respect of AM: SCS 19 Aug 2014
The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which he said was argument, and not fact. Held: The case had been a simple … Continue reading Wiese v The UK Border Agency: Admn 29 Jun 2012
The Court considered whether a whole life sentence under section 269(4) of the 2003 Act was compatible with Article 3. The defendant had been convicted of murdering a policeman and of attempted murder of two others. Held: The whole life tarriff was quashed. The 2003 Act introduced the possibility of a whole life sentence with … Continue reading Bieber (Aka Coleman) v Regina: CACD 23 Jul 2008
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a campaign of non-violent civil disobedience. The judge had refused to allow cross examination and evidence concerning … Continue reading Chandler (TN) v Director of Public Prosecutions: HL 12 Jul 1962
The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The claimant, a British National Party member had been the subject of the … Continue reading Merseyside Police v Owens: Admn 31 May 2012
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008
The defendant agreed to help a friend named Harrington to hide some money for a period. Under the arrangement Harrington transferred around andpound;123,000 into the defendant’s bank account. The defendant used some of it to make some purchases for Harrington and, after an interval, he repaid the balance to Harrington less about andpound;5,000. The prosecution’s … Continue reading Geary, Regina v: CACD 30 Jul 2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010
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 defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later convicted of having misled the first lender in his application. The judge … Continue reading Waya, Regina v: SC 14 Nov 2012
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs. Held: The customer’s appeal failed. Parliament had laid down a proper procedure and the bank had followed it: ‘if a … Continue reading K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009
The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say it was a gift. He … Continue reading Kenny v Regina: CACD 30 Jan 2013
This appeal concerns confiscation proceedings brought under the 2002 Act and in particular the tainted gift provisions in that Act. . .
