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20.12.13
Confiscation can carry on biting
Mr Padda (Padda 2013 EWCA 2330) discovered to his horror how his attempt to turn around his life by setting up a legitimate business led him back into the Crown Court for a re-consideration of his available amount. This case should provide a salutary warning about the ability of the prosecution to seek to satisfy…
Read more18.06.13
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…
Read more12.04.13
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…
Read more11.04.13
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…
Read more10.04.13
Government consults on criminal law legal aid changes
The government has commenced its consultation paper on the legal aid scheme entitled “Transforming legal aid: delivering a more credible and efficient system”. The majority of the consultation paper is dedicated to proposals to reform the current system for delivering criminal legal aid. Under the proposals, the Government intends to invite a price competition tender…
Read more25.02.13
Breach of a restraint order can constitute the offence of perverting the course of justice
In R v Kenny [2013] EWCA Crim 1, the Defendant appealed against his conviction for perverting the course of justice. The offence related to the false categorisation of a loan as a gift in order to attempt to circumvent a restraint order obtained by the Crown under the Proceeds of Crime Act 2002. The restraint order…
Read more15.03.12
Frozen bank account and no explanation – an overview of suspicious Activity Reports and the high street bank customer from Brett Wilson LLP civil fraud solicitors.
suspicious Activity Reports (sARs) have been with us for over 10 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 2009-september 2010) show that nearly 250,000 sARs are made each year. So what exactly is a sAR, what goes on behind…
Read more20.02.12
Compulsory Disclosure under Restraint Order raises self-Incrimination Issue
In Randhawa (2012 EWCA 3) the Appellant had been convicted of a conspiracy to cheat the revenue arising out of a carousel (or MTIC) fraud. His co-defendant singh had produced documents in the course of proceedings relating to a Restraint Order made against him. He had been compelled to produce those documents by the Order which by…
Read more20.01.12
Variation of Crown Court Restraint Order to fund liquidation
On 16 January 2012 Mrs Justice Gloster DBE gave approved judgment setting out her reasons for granting a variation to a Restraint Order allowing the release of 20 million Us dollars to the liquidators of stanford International Bank Ltd (sIB v serious Fraud Office LTL 18/1/12)on 4 August 2011. The liquidator of sIB had sought…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
