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Restraint Orders


4.03.19

Business expenses exceptions in Freezing Orders

In Michael Wilson & Partners v Emmott [2019] EWCA 219 the Court of Appeal reviewed the authorities on the question of the ‘Angel Bell’ exception in Freezing Orders. The Angel Bell exception exists to permit a Court to include provision in a Freezing Order to permit business to continue to trade in spite of the…

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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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21.03.18

Dredging up the past: prosecutors seeking to vary confiscation orders years later

A confiscation order can be made after a defendant is convicted of certain criminal offences.  It requires the defendant to pay back the ‘benefit’ that they have obtained from their criminal behaviour.  Such an order is effectively capped at the level of a defendant’s available assets. Under Section 22 of the Proceeds of Crime Act 2002 (‘POCA’)…

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19.01.18

Frozen bank account and no explanation? Suspicious Activity Reports and the high street bank customer post April 2017

Suspicious Activity Reports (SARs) have been with us for over 15 years, but to many outside the Regulated sector they are a somewhat unfamiliar concept. The number of SARs has increased steadily.  The latest available statistics (October 2015 to March 2017) show that over 630,000 SARS have been made in an 18-month period. The National Crime…

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2.11.17

Brett Wilson LLP lawyers recommended in Chambers and Partners 2018 directory

Brett Wilson LLP lawyers have been ranked in the latest edition of the prestigious Chambers and Partners legal directory, which was published on 2 November 2017. Partner Iain Wilson is ranked as a leading defamation and reputation lawyer and described as ‘”a respected claimant lawyer, representing individuals in libel, privacy and harassment disputes. A satisfied client comments: “He’s…

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29.11.16

Brett Wilson Criminal, Fraud and Regulatory Law Blog launched

Brett Wilson LLP has launched a blog dedicated to criminal law, fraud and regulatory matters. The blog, which can be found here contains articles on the latest developments in these areas. Topics covered by the blog include general criminal law, white-collar crime, FCA proceedings, disciplinary proceedings/appeals, civil fraud and confiscation/the Proceeds of Crime Act. In addition to new…

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6.06.16

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…

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9.11.15

Paul Gascoigne made subject of restraining order following harassment conviction

On 29 October 2015 former footballer Paul Gascoigne pleaded guilty to harassment of his former partner, Amanda Thomas, contrary to section 2 of the Protection from Harassment Act 1997.  Mr Gascoigne sent abusive messages and threats through a series of tweets, phone calls and text messages alongside being verbally aggressive at her place of work. Handing down…

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

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