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Month: June 2015


26.06.15

Production order: period for compliance

The scope and lawfulness of a Production Order was the subject of a judicial review in the Divisional Court in R (on the application of Chatwani and others) v National Crime Agency [2015] EWHC 1284. The Claimants were subjects in a wide ranging money laundering investigation. They were directors of a group of over 40…

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Cash forfeiture: legal expenses

In R (on the application of the Commissioner of Police for The Metropolis) v City of London Magistrates Court [2015] the Divisional Court confirmed that there was no power to release lawfully detained cash for the purpose of legal expenses. In this case, cash in excess of £300,000 had been detained under the POCA cash…

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25.06.15

Benefit obtained from seized drugs

In Regina v Freshkumar Kakkad [2015] EWCA 385 the Court of Appeal sought to draw a line in the sand on the question of applying the Waya proportionality principle to the benefit obtained by the acquisition (and loss) of controlled drugs. This was an appeal against a confiscation order in the sum of £324,184 following…

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24.06.15

Trading Standards confiscation order quashed

The case of Regina v Eric John Moss [2015] EWCA 713 concerned a trading standards prosecution which gave rise to a confiscation order in the sum of £83,000. The Court of Appeal gave judgment in an appeal against the making of that Order and it was ultimately successful. The Appellant was an elderly cattle farmer…

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19.06.15

Confiscation relates to trial on indictment

In Crown Prosecution Service v Croydon Crown Court [2015] the Divisional Court ruled it had no jurisdiction to hear an application for judicial review of the decision of a Crown Court judge to refuse to extend time to hear confiscation proceedings. The Crown Court’s administration of confiscation proceedings clearly related to trial on indictment and…

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17.06.15

Legal professional privilege: extent of waiver

The scope of the waiver of legal professional privilege in criminal proceedings was the subject matter in an appeal in Regina v Emma Jayne Hall [2015] EWCA 581. Hall had been convicted of murder together with others. All pleaded not guilty and sought to blame co-defendants to some extent. A co-defendant was cross-examined and subsequently…

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Money laundering: ambit of arrangement

In R v GH [2015] UKSC 24, somewhat unusually, the Supreme Court was considering an appeal by the Crown against the dismissal of its appeal by the Court of Appeal against a ruling that there was no case to answer against the Respondent at the conclusion of the prosecution case in a trial at the…

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16.06.15

Procedural guidance in serious fraud cases

Regina v Quillan and others [2015] EWCA 538 concerned a prosecution appeal against the dismissal of charges alleging conspiracy to defraud and conspiracy to cheat following submissions of no case at ‘half-time’. The judgment of a senior Court of Appeal, presided over by the Lord Chief Justice, is notable for its procedural guidance on complex…

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12.06.15

Bad character of rape complainant wrongly excluded

A refusal to admit the bad character of an alleged rape victim was the subject for the Court of Appeal in Mohammed Hussain [2015] EWCA 383. The Appellant had been convicted of rape on a re-trial and sentenced to six years imprisonment. The victim had a number of previous convictions but the trial judge refused…

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11.06.15

Regulatory proceedings: a cautionary tale

Professional people facing regulatory or disciplinary proceedings brought by their regulatory bodies ought to take some time to read the judgment in Held v General Dental Council [2015] EWHC 669. It very clearly demonstrates the need to ensure engagement in the process and attendance at any final hearing. Mr Held was a dentist facing allegations…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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