Fraud (Civil)
9.09.16
Freezing Injunctions: the need for certainty
A recent decision on a preliminary issue by Mr Justice Henderson in the case of Haederle v Thomas [2016] EWHC 1866 is a telling reminder of the need for precision when drafting Freezing Injunctions (and Restraint Orders too). A Freezing Injunction (formerly known as a Mareva Order and sometimes referred to as a Freezing Order)…
Read more6.06.16
City Police to use private law firms to confiscate assets
The City of London Police have announced a scheme to work with private firms of solicitors to freeze assets and compensate the victims of fraud. The City of London Police has established a working group which also includes the National Crime Agency (who have their own powers under Part 5 of the Proceeds of Crime…
Read more22.04.16
New reckless banking offence comes into force, but can it be enforced?
From 7 March 2016 it became a criminal offence for senior bankers to recklessly cause their institution to fail. Section 36 of the Financial Services (Banking Reform) Act 2013 could, in theory, mean up to seven years in prison for:- a senior manager; who agrees to a decision that caused the institution to fail, and…
Read more3.12.15
A1P1 proportionality and civil recovery orders
In Sanam v National Crime Agency [2015] EWCA 1234, in which Brett Wilson LLP acted for the Appellant, the Court of Appeal was faced, for this first time, with the question of the proportionality of the making of a civil recovery order in a claim by by the National Crime Agency (NCA) under Part 5…
Read more13.11.15
Costs in cash forfeiture proceedings
The Divisional Court had an opportunity to reconsider the question of costs following an unsuccessful application for cash forfeiture under the Proceeds of Crime Act 2002 in the case of Kialka v Home Office [2015]. The Divisional Court restated the principle in the Perinpanathan case that the default position is that costs are not recoverable…
Read more5.11.15
Supreme Court holds that use of a loan facility can amount to a breach of freezing injunction
In JSC BTA Bank v Ablyazov [2015] UKSC 64 the Supreme Court considered whether the proceeds of loans fell within the definition of assets restrained by a freezing injunction. The decision arises in long-running litigation instigated by the Claimant bank against its former chairman for the misappropriation of funds. The Claimant bank had obtained judgments…
Read more11.09.15
Law firm judicially reviews Court over finding of fraud against them in judgment
In MRH Solicitors Ltd v Manchester County Court and others [2015] EWHC 1795 (Admin) (http://www.bailii.org/ew/cases/EWHC/Admin/2015/1795.html), a solicitors firm brought a judicial review against the County Court on the basis of comments made about them by a Recorder in his Judgment. Following a four day trial in October 2014, Mr Recorder Osborne dismissed a personal injury…
Read more8.09.15
"Good faith" defence fails in NCA claim
In NCA v Atkinson & Atkinson [2015] EWHC 1299 the National Crime Agency [NCA] made a claim for a civil recovery order in connection with a number of properties owned by Mr Atkinson. In the end, Mr Atkinson did not defend the Claim. However, one of the properties was held jointly by his wife Mrs…
Read more1.07.15
NCA branded incompetent by High Court
In R (on the application of C and others) v. National Crime Agency and Birmingham Magistrates’ Court [2015] EWHC 1283 Admin) search warrants were challenged by way of judicial review. This was an unusual case in which the NCA were branded “incompetent” (in defence to an allegation of bad faith). The NCA conceded that the search warrants were unlawful,…
Read more26.06.15
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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Articles are intended as an introduction to the topic and do not constitute legal advice.
