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Restraint Orders


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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9.10.19

I have been served with a Freezing Order. What do I do?

This short guide is intended to assist individuals who have been served with a freezing order (also known as a ‘Mareva injunction’ or ‘freezing injunction’).  It is not intended as a substitute for legal advice and if you have been served with a freezing order you should seek urgent legal advice without delay.   Why…

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

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