‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’
Local Government Lawyer, 25th November 2013
Source: www.localgovernmentlawyer.co.uk
Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440
“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Supreme Court, 6th November 2013
“Curtis Warren, one of Britain’s most notorious drug smugglers, has been ordered to pay £198 million proceeds of his global empire or remain in prison for another 10 years.”
The Independent, 5th November 2013
Source: www.independent.co.uk
“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”
Full story (PDF)
11 Stone Buildings, 23rd October 2013
Source: www.11sb.com
National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408
“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“One of Britain’s most notorious drug smugglers has been told to pay £185m – or face another 10 years in jail. Curtis Warren, the only drug dealer to make it on to the Sunday Times Rich List, faces trial this week in Jersey where he was jailed in 2007 over a £1m cannabis-smuggling plot.”
The Guardian, 20th October 2013
Source: www.guardian.co.uk
“One of Britain’s most notorious drugs barons could be banned from using phone boxes as part of restrictions to prevent the relaunch of his multimillion-pound international smuggling operations on his release.”
The Independent, 4th October 2013
Source: www.independent.co.uk
“The family home of a man convicted of attempting to recruit two undercover police officers to fight British soldiers in Afghanistan is set to become the first to be seized in the UK under terrorism laws.”
The Independent, 30th September 2013
Source: www.independent.co.uk
Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin); [2013] WLR (D) 344
“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”
WLR Daily, 4th September 2013
Source: www.iclr.co.uk
“A cigarette smuggler found in Spain after 12 years on the run has been sentenced to four years in jail.”
BBC News, 6th September 2013
Source: www.bbc.co.uk
“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”
The Independent,
Source: www.independent.co.uk
Serious Organised Crime Agency v Azam [2013] EWCA Civ 970; [2013] WLR (D) 327
“Where a person who was the subject of a property freezing order made under Part 5 of the Proceeds of Crime Act 2002 applied for the order to be varied so as to permit him to apply some of his assets which were the subject of the order in paying for his legal expenses, he was under no specific burden of proof requiring him to prove that there were no other available assets which could be used for the relevant purpose, such that if he did not discharge the burden his application must fail.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
“From today criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”
Ministry of Justice, 30th July 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“New measures launched today will see those criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”
Ministry of Justice, 30th July 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Convicted criminals who defy orders to contribute to their legal costs may have their cars seized by the Ministry of Justice and sold at auction from Tuesday.”
The Guardian, 20th July 2013
Source: www.guardian.co.uk
Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237
“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
“Millionaire businessmen will be able to ‘stick two fingers up’ at judges if the highest court in the land rules against a former wife in a high-profile divorce case this week, her lawyers said yesterday.”
The Independent, 9th June 2013
Source: www.independent.co.uk
“A billionaire fraudster is set to lose three of his luxury properties in Britain’s most exclusive postcodes after a High Court ruling.”
The Independent, 22nd May 2013
Source: www.independent.co.uk
“The Serious Fraud Office (SFO) remains open to pursuing civil recovery where appropriate in cases of serious or complex fraud, including bribery and corruption offences, it has confirmed.”
OUT-LAW.com, 23rd April 2013
Source: www.out-law.com
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