Confiscation

18.06.13

Supreme Court guidance on venue and stay applications

In VTB Capital PLC v Nutritek Corp [2013] UKsC 5 the supreme Court was asked to consider the refusal by the Court of Appeal to overturn a decision of Arnold J in the High Court that the proper venue for the trial of the claims brought by the Claimant bank was Russia and not the…

7.05.13

Serious Organised Crime Agency (SOCA) to be abolished

The Crime and Courts Act 2013 was given Royal Assent on 25 April 2013.  As per section 15(1) of the Act, the serious Organised Crime Agency (sOCA) is to be abolished.  It will be replaced by a National Crime Agency created by virtue of section 1(1) of the Act. sOCA, described as ˜Britains FBI was…

12.04.13

Confiscation order in value of benefit of unadministered estate disproportionate

In susan Ann Hursthouse [2013] LTL 9/4/2013 the Court of Appeal was reconstituted to re-hear the Appellants appeal following the decision of the supreme Court in Waya [2012] UKsC 51. The Appellant had pleaded guilty to fraud contrary to section 1 Fraud Act 2006. she had created a forgery of her late fathers will after…

11.04.13

Receiver fees from assets discharged from restraint not compatible with ECHR

CPs v Eastenders Group [2012] EWCA 2436 is a fascinating decision of the Court of Appeal in which Lord Justice Laws gives the lead but ultimately dissenting judgment. The CPs had obtained restraint orders over the assets of two defendants and, by piercing the corporate veil, over company assets belonging to Eastenders and also an…

21.03.13

Criminal benefit from fraudulent mortgages

The supreme Court handed down its decision in Waya [2012] UKsC 51 back in November 2012 but it is of no less practical importance for that. The Court was constituted of nine judges and Lord Walker and sir Anthony Hughes gave the lead judgment (with Lord Reed and Lord Phillips dissenting). Lord Walker conducted a…

8.01.13

Crown Court has jurisdiction to calculate third party interest

In Paula Harriott [2012] EWCA 2294 the issue for the Court of Appeal was whether the Crown Court had power to determine the extent of a beneficial interest in the matrimonial home when the legal title to that property was held by the Appellant. The Crown Court judge had made a confiscation order in the…

13.11.12

Conditional discharge no bar to confiscation

In Varma 2012 UKsC 42 the supreme Court was asked to decide whether the Crown Court has power to make a confiscation order where the defendant had been made the subject of an absolute or conditional discharge following conviction. Varma had pleaded guilty to an offence contrary to section 170(2) Customs and Excise Management Act 1979. It…

26.10.12

No civil recovery of foreign held assets

In Perry v sOCA 2012 UKsC 35 a nine member panel of the supreme Court convened to decide whether Part 5 civil recovery orders could extend to property located outside the UK. In fact, the actual subject matter of what were conjoined appeals was the granting of a Property Freezing Order over property located outside the jurisdiction and…

10.08.12

Cash forfeiture decision irrational

In Wiese v UK Border Agency [2012] EWHC 2019 the subject of the judicial review was the decision of District Judge snow at Westminster Magistrates Court to order the forfeiture of the sum of £674,920 from the Appellant which had been seized in cash at London City Airport. It was not disputed by the Respondent that the…

Undeclared lawful savings cannot be subject of cash forfeiture

In Begum v West Midlands Police [2012] EWCA 2304 the Appellant had been in possession of £7150 in cash on her person which was seized by the police under section 294 POCA 2002. The Appellant admitted, and it was accepted by the Magistrates Court, that she kept the money in cash so as to avoid its detection…