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Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

The claimants claimed that the defendant had relied upon transcripts of intercepted telephone calls in order to obtain production orders against third parties. They said that the transcripts had been selected for use, making the orders unlawful. Held: The claim failed. A failure to make necessary disclosure would undermine an order or warrant, but not … Continue reading Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. … Continue reading Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

Crompton, Regina (on The Application of) v Police and Crime Commissioner for South Yorkshire and Others: Admn 9 Jun 2017

The claimant challenged the decision of the Commissioner to suspend him from office as chief constable after conclusion of a major inquest following the Hillsborough Stadium disaster Judges: Sharp LJ, Garnham J Citations: [2017] EWHC 1349 (Admin), [2017] WLR(D) 393 Links: Bailii, WLRD Jurisdiction: England and Wales Police Updated: 05 April 2022; Ref: scu.588872

Higgins v National Crime Agency: UTTC 16 Jan 2018

UTTC INCOME TAX -‘income tax assessments’ – ‘best judgment’ – confiscation order – proceeds of crime – agreed basis of plea – tax liability – assessment stage – enforcement stage – double recovery – double jeopardy. Citations: [2018] UKUT 14 (TCC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 04 April 2022; Ref: scu.604784

Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50695300: ICO 26 Sep 2017

The complainant has requested information about any complaints the Police and Crime Commissioner for Northumbria (‘the PCC’) may have received about the Chief Constable of Northumbria Police. The PCC refused to comply with the request, on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is … Continue reading Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50695300: ICO 26 Sep 2017

Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50682191: ICO 26 Sep 2017

The complainant submitted a request for information composed of nine questions, about the Independent Police Complaints Scrutiny Panel, set up by the Police and Crime Commissioner for Northumbria (‘the PCC’). The PCC disclosed some information in response to the request and withheld some under section 40(2) (personal information) of the FOIA. It also said that … Continue reading Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50682191: ICO 26 Sep 2017

Serious Organised Crime Agency v Perry: Admn 28 Jun 2010

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

Chadwick (As Trustee In Bankruptcy of Oduneye-Braniffe) v The National Crime Agency: FTTTx 30 Aug 2017

Income Tax/Corporation Tax : Proceeds of Crime Act – INCOME TAX – Exercise of revenue functions by NCA – whether qualifying condition met – validity of assessments on pre-bankruptcy income addressed to trustee – whether deliberate conduct properly pleaded – validity of assessments assessing one figure on two bases – whether returns required and made … Continue reading Chadwick (As Trustee In Bankruptcy of Oduneye-Braniffe) v The National Crime Agency: FTTTx 30 Aug 2017

Cooper v National Crime Agency (Unfair Dismissal): EAT 16 Jun 2017

UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was dismissed for a reason relating to his conduct arising from an incident outside work, which had led to his arrest and in respect of which he then faced criminal charges. In pursuing his … Continue reading Cooper v National Crime Agency (Unfair Dismissal): EAT 16 Jun 2017

The National Crime Agency v N and Another: CA 7 Apr 2017

The court was asked whether and, if so, in what circumstances the court may make orders for interim relief which cut across and in effect disapply the consent regime under the 2002 Act. Judges: Simon, Hambles, Hickinbottom LJJ Citations: [2017] EWCA Civ 253, [2017] WLR(D) 255 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 … Continue reading The National Crime Agency v N and Another: CA 7 Apr 2017

Peries and Another v The Serious Organised Crime Agency: FTTTx 20 Oct 2011

FTTTx Income Tax – Proceeds of Crime Act 2002 – application by Appellants to stay proceedings in appeals against assessments and penalty determinations on grounds of lack of resources due to subjection of their properties to civil recovery proceedings – held, availability of resources not relevant to issues to be determined in substantive hearing or … Continue reading Peries and Another v The Serious Organised Crime Agency: FTTTx 20 Oct 2011

Office of The Police and Crime Commissioner for Warwickshire (Police and Criminal Justice) FS50642252: ICO 8 Sep 2016

ICO The complainant requested information from the Police and Crime Commissioner for Warwickshire (‘OPCCW’) about a police investigation. OPCCW provided some of the information but withheld the remainder citing sections 31(1)(g), law enforcement, 40(2), personal information and 42 (legal professional privilege). The Commissioner has decided that OPCCW should have instead relied on the ‘neither confirm … Continue reading Office of The Police and Crime Commissioner for Warwickshire (Police and Criminal Justice) FS50642252: ICO 8 Sep 2016

Office of The Police and Crime Commissioner for Warwickshire (Police and Criminal Justice): ICO 25 Aug 2016

ICO The complainant requested information from the Office of the Police and Crime Commissioner (OPCC) for Warwickshire relating to complaints made about the Chief Constable of Warwickshire Police. The OPCC provided some information within the scope of the request but refused to provide the remainder, citing the exemption under section 31(1)(g) (law enforcement) of the … Continue reading Office of The Police and Crime Commissioner for Warwickshire (Police and Criminal Justice): ICO 25 Aug 2016

Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015

VICTIMISATION DISCRIMINATION VICTIMISATION DISCRIMINATION – Protected disclosure SEX DISCRIMINATION – Post employment TRANSFER OF UNDERTAKINGS The Claimant left the service of Greater Manchester Police Authority (‘GMPA’), having agreed a settlement of claims of sex discrimination against it. Eighteen months later, in accordance with the Police Reform and Social Responsibility Act (‘PRSRA’), the GMPA ceased to … Continue reading Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015

Re National Crime Agency: Admn 12 Feb 2020

The NCA had applied for disclosure in the course of a money laundering investigation. It now appealed from a refusal to extend the order to bank accounts subject to account freezing orders made previously in course of frozen funds investigation by police. Consideration of the meaning and ambit of s.357(2) of the Proceeds of Crime … Continue reading Re National Crime Agency: Admn 12 Feb 2020

The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and loss of rent, under section 2 of the 1886 Act, and if so on what basis. Held: MOPC’s … Continue reading The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

The National Crime Agency v Perry and Others: QBD 12 Nov 2014

The agency had taken proceedings against the defendant to reciver what it said were theproceeds of crime. That claim was dicontinued. The defendant sought to recover his costs on an indemnity basis, and relying upon a witness statement from an Agency lawyer said that since she had referred to legal advice from Israel, that should … Continue reading The National Crime Agency v Perry and Others: QBD 12 Nov 2014

National Crime Agency v Persico: QBD 21 Dec 2021

Judgment in respect of issues arising on the trial of an application for a Final Charging Order brought by the National Crime Agency (‘NCA’) in respect of the property Mrs Justice Foster DBE [2021] EWHC 3476 (QB) Bailii England and Wales Costs Updated: 10 January 2022; Ref: scu.670653

National Crime Agency v Abacha: Admn 21 Jan 2015

‘There are three applications before me today. The first is an application for continuation of a prohibition order made by Foskett J on 2 July 2014 (which I shall refer to as ‘the prohibition order’). That froze over andpound;100 million worth of assets which the United States of America alleges represent proceeds of the frauds … Continue reading National Crime Agency v Abacha: Admn 21 Jan 2015

Police and Crime Commissioner for Humberside (Police and Criminal Justice ): ICO 12 Nov 2015

ICO The complainant has requested information relating to an investigation about complaints made by him against others. He also asked for Home Office guidance from 1998. The Office of Police and Crime Commissioner for Humberside withheld the information under section 40(1) and 40(2) of the FOIA and explained that it did not hold any Home … Continue reading Police and Crime Commissioner for Humberside (Police and Criminal Justice ): ICO 12 Nov 2015

Sanam v National Crime Agency: CA 2 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

Police and Crime Commissioner for Lancashire (Police and Criminal Justice): ICO 7 Oct 2015

ICO The complainant requested minutes of Lancashire Police and Crime Commissioner’s (LPCC) Strategic Scrutiny meetings. LPCC withheld information within the scope of the request on the basis that section 22 of FOIA (information intended for future publication) applied. It subsequently published that information. The complainant disputes that the published information is the information she requested. … Continue reading Police and Crime Commissioner for Lancashire (Police and Criminal Justice): ICO 7 Oct 2015

Police and Crime Commissioner for Northumbria (Police and Criminal Justice): ICO 10 Sep 2015

ICO The complainant requested information relating to meetings the Police and Crime Commissioner for Northumbria (the ‘PCC’) held with members of the public. The PCC refused the request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the PCC cited section 12(1) correctly and so it was not obliged to … Continue reading Police and Crime Commissioner for Northumbria (Police and Criminal Justice): ICO 10 Sep 2015

Pepper v Serious Organised Crime Agency: FTTTx 11 Oct 2013

FTTTX INCOME TAX – preliminary issues – assumption of revenue functions by SOCA – civil recovery proceedings under Proceeds of Crime Act 2002 – compromise agreement – whether compromise extended to tax liabilities – whether assessments otherwise invalid by reason of abuse of process [2013] UKFTT 654 (TC) Bailii England and Wales Income Tax Updated: … Continue reading Pepper v Serious Organised Crime Agency: FTTTx 11 Oct 2013

Serious Organised Crime Agency v Perry and Others: Admn 30 Jul 2009

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

Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011

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

Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012

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

Heron v Serious Organised Crime Agency and Another: CA 22 Jul 2013

H argued that it was not within the jurisdiction of the Crown Court to treat as within the confiscation order made against the first defendant, Mr Jones, property registered in her name at Waltham Abbey. Lady Justice Arden, Lord Justice Patten, –And–, Lord Justice Beatson [2013] EWCA Civ 1106 Bailii England and Wales Criminal Sentencing … Continue reading Heron v Serious Organised Crime Agency and Another: CA 22 Jul 2013

The Police and Crime Commissioner for Devon and Cornwall v Naldrett (Contract of Employment : Notice and Pay In Lieu): EAT 12 Feb 2015

EAT Contract of Employment : Notice and Pay In Lieu The Claimant was dismissed. He claimed in respect of unfair dismissal and lack of notice pay. The Employment Tribunal found his dismissal was fair. The Employment Tribunal recognised that the test for notice pay differed from unfair dismissal. It was required to decide if the … Continue reading The Police and Crime Commissioner for Devon and Cornwall v Naldrett (Contract of Employment : Notice and Pay In Lieu): EAT 12 Feb 2015

Higgins v The National Crime Agency: FTTTx 29 Jan 2015

FTTTx INCOME TAX – discovery assessment – effect of Confiscation Order – Confiscation Order assessed on a gross basis – included a proportion of tax liability – discovery assessment not disputed – assessment reduced to prevent double recovery in relation to tax included in Confiscation Order – additional liability not disproportionate – appeal allowed in … Continue reading Higgins v The National Crime Agency: FTTTx 29 Jan 2015

Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015

EAT Practice and Procedure : Transfer/Hearing Together – Time for appealing Appeal from Registrar: the time limited by rule 3(3) of the Employment Appeal Tribunal Rules 1993 (‘the EAT Rules’) for serving the documents necessary for the proper institution of an appeal, as provided for by rule 3(3)(1)(a)-(c) of the EAT Rules, started to run … Continue reading Carroll v The Mayor’s Office for Policing and Crime: EAT 9 Feb 2015

Lynch v National Crime Agency: FTTTx 9 Dec 2014

FTTTx INCOME TAX – Proceeds of Crime Act 2002 – whether qualifying condition met for NCA to carry out general Revenue functions in relation to Appellant – yes – discovery assessments under s 29 TMA 1970 – whether the conditions for such assessments met – yes – whether within time limits – yes – on … Continue reading Lynch v National Crime Agency: FTTTx 9 Dec 2014

Devon and Cornwall Police and Crime Commissioner v Weavin: EAT 13 Nov 2014

EAT Unfair Dismissal: Reasonableness of Dismissal – The Claimant was dismissed by reason of (a) capability in performing his job, (b) loss of external accreditation necessary for the job and (c) absence of suitable alternative employment. The Employment Tribunal found dismissal for that (capability) reason unfair on two grounds relating to (a) only. Wrong approach … Continue reading Devon and Cornwall Police and Crime Commissioner v Weavin: EAT 13 Nov 2014

Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014

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

Mitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime: CA 20 May 2014

The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation. Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss ‘sustained . . by such injury, stealing, or destruction’. This was loss that was caused … Continue reading Mitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime: CA 20 May 2014

Dong v National Crime Agency: FTTTx 23 Apr 2014

FTTTx JURISDICTION – application for permission to appeal FTT decision – right to appeal abolished by secondary legislation – whether FTT has jurisdiction to consider vires of secondary legislation – yes – Foster and EN (Serbia) applied – whether secondary legislation ultra vires – yes – To Tel Ltd applied [2014] UKFTT 369 (TC) Bailii … Continue reading Dong v National Crime Agency: FTTTx 23 Apr 2014

Crime Reduction Initiatives v Lawrence: EAT 17 Feb 2014

EAT Disability Discrimination : Disability Related Discrimination The Claimant was dismissed on health grounds based on depression which was a disability. The Employment Tribunal found that the dismissal was unfair because the letter inviting her to a meeting to discuss capability was, because of an HR error, expressed to be an invitation to a disciplinary … Continue reading Crime Reduction Initiatives v Lawrence: EAT 17 Feb 2014

Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013

FTTTx INCOME TAX AND NICs – tax assessments and penalty assessments – whether SOCA had reasonable grounds to suspect income accruing to appellant due to criminal conduct so that s. 317(1)(a) Proceeds of Crime Act 2002 applied giving it jurisdiction – yes – whether tax assessments for 2004/05 and 2005/06 raised timeously – yes – … Continue reading Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013

Mitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime: ComC 12 Sep 2013

In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages claimable under the 1886 Act, and in particular whether consequential losses … Continue reading Mitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime: ComC 12 Sep 2013

Love v National Crime Agency: 10 May 2016

(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. … Continue reading Love v National Crime Agency: 10 May 2016

UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007

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

Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010

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

K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018

Free movement for those suspected of War Crimes Grand Chamber – Citizenship of The European Union – Right To Move and Reside Freely Within The Territory of The Member States – Restrictions – Judgment – Reference for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the … Continue reading K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018