Category: assets recovery

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Regina v Padda – WLR Daily

Posted December 18th, 2013 in appeals, assets recovery, confiscation, human rights, law reports, proceeds of crime, proportionality, restraint orders by sally

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Confiscation orders take only 26p in every £100 from criminals, NAO finds – The Guardian

Posted December 18th, 2013 in assets recovery, auditors, confiscation, enforcement, fraud, news, proceeds of crime, statistics by sally

‘Confiscation orders designed to ensure crime does not pay provide neither value for money nor a credible deterrent as perpetrators keep all but 26p in every £100 generated by the criminal economy, according to a damning report.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer

Posted November 25th, 2013 in assets recovery, gambling, loans, money laundering, news, sentencing by tracey

‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’

Full story

Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

Regina v Fields and others – WLR Daily

Posted November 20th, 2013 in appeals, assets recovery, confiscation, conspiracy, law reports, proceeds of crime, proportionality by sally

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

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court

Posted November 18th, 2013 in appeals, assets recovery, economic loss, HM Revenue & Customs, jurisdiction, law reports, Supreme Court, taxation by sally

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) [2013] UKSC 69 | UKSC 2012/0062 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

UK drug baron Curtis Warren ordered to pay £198m or face further 10 years in jail – The Independent

Posted November 6th, 2013 in assets recovery, confiscation, drug trafficking, news, sentencing by sally

“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.”

Full story

The Independent, 5th November 2013

Source: www.independent.co.uk

NCA suffers Supreme Court defeat on assets recovery marshalling claim – 11 Stone Buildings

Posted October 30th, 2013 in appeals, assets recovery, debts, equity, mortgages, national crime agency, news, Supreme Court by sally

“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 – WLR Daily

Posted October 30th, 2013 in appeals, assets recovery, debts, equity, law reports, mortgages, proceeds of crime by sally

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

Drug baron told to pay £185m – or face a further 10 years in jail – The Guardian

Posted October 21st, 2013 in assets recovery, drug offences, drug trafficking, homicide, news, sentencing by sally

“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.”

Full story

The Guardian, 20th October 2013

Source: www.guardian.co.uk

Notorious drugs baron Curtis Warren freed – but faces ban on using phone boxes – The Independent

Posted October 7th, 2013 in assets recovery, drug trafficking, homicide, news by sally

“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.”

Full story

The Independent, 4th October 2013

Source: www.independent.co.uk

Munir Farooqi case: Family home set to be seized under terrorism laws – The Independent

Posted October 1st, 2013 in appeals, assets recovery, forfeiture, housing, news, terrorism by sally

“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.”

Full story

The Independent, 30th September 2013

Source: www.independent.co.uk

Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by tracey

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

Most-wanted cigarette smuggler jailed after 12 years on run- BBC News

Posted September 9th, 2013 in assets recovery, customs and excise, fraud, news, sentencing by tracey

“A cigarette smuggler found in Spain after 12 years on the run has been sentenced to four years in jail.”

Full story

BBC News, 6th September 2013

Source: www.bbc.co.uk

Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

Posted September 3rd, 2013 in assets recovery, foreign jurisdictions, fraud, freezing injunctions, investigatory powers, legislation, news, regulations by sally

“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.”

Full story

The Independent,

Source: www.independent.co.uk

Serious Organised Crime Agency v Azam – WLR Daily

Posted August 2nd, 2013 in appeals, assets recovery, burden of proof, costs, law reports, proceeds of crime by sally

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

Legal Aid cheats to have cars seized to pay costs – Ministry of Justice

Posted July 30th, 2013 in assets recovery, legal aid, news, proceeds of crime by sally

“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.”

Full story

Ministry of Justice, 30th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

New measures to clamp down on legal aid cheats – Ministry of Justice

Posted July 30th, 2013 in assets recovery, enforcement, legal aid, news, proceeds of crime by sally

“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.”

Full story

Ministry of Justice, 30th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Convicted criminals can have cars seized under plan to cut legal aid bill – The Guardian

Posted July 30th, 2013 in assets recovery, legal aid, news, proceeds of crime by sally

“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.”

Full story

The Guardian, 20th July 2013

Source: www.guardian.co.uk

Prest v Prest and others – WLR Daily

Posted June 19th, 2013 in assets recovery, company law, corporate veil, divorce, family courts, financial provision, law reports, legal personality, matrimonial home by sally

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