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Brett Wilson Criminal and Regulatory Law Blog

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Jointly held available assets must be apportioned between defendants

In R v Gangar and White [2012] EWCA 1378 the Crown Court had made confiscation orders in which the total value of realisable assets jointly owned by both Appellants had been added to each. Thus, each order was increased by the total value of those assets rather than apportioned 50% to each. The Court of Appeal roundly…

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Part 8 orders lawful where search for benefit was true purpose

In R (Horne, May and May) v Central Criminal Court 2012 EWHC 1350 the Claimants were challenging the issue of a disclosure order and search warrants under Part 8 POCA 2002. Raymond May had been the subject of a confiscation order in excess of £3m in August 2002. In October 2010, the Central Criminal Court made the…

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Police bail condition 'disproportionate'

In R (on the application of Carson) v Ealing Magistrates Court [2012] EWHC 1456 the High Court was asked to consider whether the imposition of a police bail condition preventing a suspect from living at her home was lawful. The applicant was being investigated under suspicion of the racially aggravated harassment of her neighbours. On application, the…

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Police ordered to pay £125,000 damages after losing murder libel trial

Bedfordshire Police has been ordered to pay Amilton Bento £125,000 in damages after the Force made a statement at a press conference in July 2009 which suggested that he had killed his girlfriend Kamila Garsztka.  Ms Garsztka’s body had been found in a lake in 2006. Mr Bento was convicted of murdering Ms Garsztka at Luton Crown Court in 2007.  As a…

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Divisional Court divided on Twitter bomb hoax case

The appeal by way of case stated in the “twitter bomb hoax” case has ended in stalemate and a new appeal being ordered.  Nearly months after the hearing the Judicial Office has announced that the two judges hearing the case – Lord Justice Gross and Mr Justice Irwin – are unable to agree on a decision.  stalemates such as…

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Claim against bank arising from suspicious activity reports fails

Mr Justice supperstone has handed down judgment in favour of the defendant bank in the trial of shah & Anor v HsBC Private Bank (UK) Ltd [2012] EWHC 1283 (QB). The parties had already made two trips to the Court of Appeal on preliminary arguments – judgments which have provided some helpful guidance on the friction between…

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Admin Court declines to quash Warning Notice that relied on privileged material

In R (Ford) v the Financial services Authority and Anor [2012] EWHC 997 (Admin) Burnett J declined to quash a Warning Notice issued by the FsA that had partly relied on privileged material.  The claimant stewart Ford had been an executive at the company Keydata Investment services Limited which had gone into administration.  The administrators had passed various documents to the FsA.  This included documents…

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Ban on filming in court to be relaxed

A Crime and Courts bill has been announced in the Queen’s speech that will partially lift the ban on filming in court.  Broadcasting will be introduced initially at the Court of Appeal, where filming will be permitted of opening and closing legal arguments and the judgments handed down.  The Government has said that it will also consider allowing…

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Director and shareholder found in contempt for disposing of company's good will

In Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 Mr Justice Eder heard an application for committal for contempt of court based on the alleged breach (or involvement in a breach) of a freezing injunction. Motorcare sold breakdown insurance and had acted as an agent for Templeton. In 2008 Templeton brought a High…

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No statutory or other basis to apportion benefit between co-defendants

Anyone harbouring any doubt about the harsh effect that can be produced by a strict application of the provisions of the Proceeds of Crime Act 2002 would be well advised to read the judgment of the Court of Appeal in Lambert and Walding 2012 EWCA 421 into which the Home secretary sought fit to intervene. Having been…

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

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