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Confiscation


8.04.20

Brett Wilson LLP listed as a top 20 London specialist firm in Legal 500 survey on client service

Brett Wilson LLP has been identified by the Legal 500/Legalese as having one of the highest levels of client service amongst London specialist firms. The survey of the UK’s legal profession, saw 60,000 clients interviewed.  The results of the survey showed that clients felt specialist boutique firms tended to provide a better quality of service…

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20.12.19

Off-title beneficial interest in a property can be subject to a Confiscation Order

Prior to making a Confiscation Order, after having assessed ‘benefit’ the court has to go on to decide the ‘recoverable amount’ which is assessed on the basis of the assets available to the Defendant. The recoverable amount is an amount equal to or less than the Defendant’s benefit depending on what is ‘available’.  In R v…

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24.10.19

Restraint Orders: when is delay reasonable?

The recent decision in R v S [2019] EWCA 1728 requires some close examination in the context of the jurisprudence surrounding Restraint Orders under Proceeds of Crime Act 2002. A Restraint Order is a creature of the Act made at the discretion of a Crown Court judge and operates to freeze assets of a suspect…

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10.10.19

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2020 directory

Brett Wilson LLP’s Defamation/Reputation Management and Criminal Defence teams have again been recommended by the prestigious Chambers and Partners directory. Partners Iain Wilson (noted for ‘finding solutions to problems that appear impenetrable’) and Max Campbell (described as ‘well regarded in the market for his notable expertise’) have been ranked as leading lawyers in Defamation/Reputation Management. …

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27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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10.09.19

Search and Seizure Powers under Proceeds of Crime Act 2002

Powers of search and seizure were inserted into the Proceeds of Crime Act 2002 by the Policing and Crime Act 2009 although they did not come into force until relatively recently. These provisions (sections 47A to 47S) provide for the search, seizure and detention of property where certain conditions are fulfilled. The provisions were recently…

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6.10.18

Unexplained Wealth Orders: Banker’s wife loses court challenge

Further to our blog in July 2018 on the inception of Unexplained Wealth Orders (‘UWOs’), the recipient of the first UWO has lost her application for the order to be set aside. In National Crime Agency v Mrs A (Rev 1) [2018] EWHC 2534 (Admin), Mr Justice Supperstone considered whether his without notice order made…

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12.07.18

Unexplained Wealth Orders: A new power for law enforcement agencies

The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…

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18.06.18

Section 22 Confiscation Applications – What should I do?

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue. Resources are scarce and this procedure presents an opportunity to obtain some much needed income. Quite often the subject of such applications is the equity in a matrimonial home in…

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14.06.18

Confiscation Orders and Default Terms

The question of the jurisdiction of the Court of Appeal over the length of default terms attached to confiscation orders was the subject in issue in Graham Alan Mills [2018] EWCA 944. Maximum default terms are fixed by a table (relatively recently amended in the Serious Crime Act 2015) based on the value of the…

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

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