forfeiture – Current Awareness

Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH

Posted December 4th, 2024 in amendments, appeals, Crown Court, forfeiture, news, proceeds of crime, regulations, time limits by tracey

‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’

5SAH, 3rd December 2024

Source: www.5sah.co.uk

Husband who escorted his wife to Switzerland not denied access to her estate under Forfeiture Rule – UK Human Rights Blog

Posted October 15th, 2024 in assisted suicide, forfeiture, married persons, news, suicide, wills by tracey

‘Philip Morris v James Morris, Kate Shmuel and Gregory White [2024] EWHC 2554 (Ch). These proceedings concerned the forfeiture rule under section 2(2) of the Forfeiture Act 1982 as it applies to the estates of people who travel to Switzerland for assisted dying (the 1982 Act). Mrs Myra Morris had ended her own life with the assistance of the staff at the Swiss clinic and the assistance of her husband Philip. She had been suffering from Multiple System Atrophy, a rare and degenerative neurological disorder with no known cure.’

UK Human Rights Blog, 14th October 2024

Source: ukhumanrightsblog.com

Some aspects of the law of forfeiture – St Philips Chambers

Posted September 5th, 2024 in chambers articles, forfeiture, landlord & tenant, leases, local government, news by sally

‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’

St Philips Barristers, 15th August 2024

Source: st-philips.com

Wife of jailed Azeri banker forfeits house near Harrods and Ascot golf club – The Guardian

Posted August 6th, 2024 in false accounting, forfeiture, married persons, money laundering, news by tracey

‘A mansion in Knightsbridge and a golf club in Ascot owned by the wife of the jailed Azeri banker Jahangir Hajiyev have been forfeited to the British state as part of a settlement worth an estimated £18.5m to taxpayers.’

The Guardian, 5th August 2024

Source: www.theguardian.com

Leasehold miscellaneous – Nearly Legal

Posted July 1st, 2024 in fees, forfeiture, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’

Nearly Legal, 30th June 2024

Source: nearlylegal.co.uk

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by tracey

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

2 Hare Court, 20th June 2024

Source: www.2harecourt.com

“Can I get my Rolex back?” – the Seizure and Forfeiture of Listed Assets – Mountford Chambers

Posted June 18th, 2024 in chambers articles, forfeiture, news, proceeds of crime, search & seizure by sally

‘Many criminal defence solicitors will be very familiar with cash detention orders and Account Freezing Orders made by the magistrates’ court under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’).’

Mountford Chambers, 22nd May 2024

Source: www.mountfordchambers.com

David Carrick: Rapist PC stripped of full state-funded pension – BBC News

Posted February 19th, 2024 in abuse of position of trust, forfeiture, news, pensions, police, professional conduct, rape, sexual offences by tracey

‘Rapist police officer David Carrick has been stripped of his full state-funded pension, the mayor of London has confirmed.’

BBC News, 18th February 2024

Source: www.bbc.co.uk

Forfeiture ruling highlights underground banking threat – Law Society’s Gazette

Posted September 8th, 2023 in banking, China, forfeiture, money laundering, news by tracey

‘A money laundering case involving the sale of a £1.73million house has thrown a rare spotlight on the operations of the Chinese underground banking system.’

Law Society’s Gazette, 7th September 2023

Source: www.lawgazette.co.uk

The importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court – 5SAH

Posted August 25th, 2023 in assets recovery, chambers articles, forfeiture, hearsay evidence, news by sally

‘James Fletcher & John McNamara discuss the importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court.’

5SAH, 31st July 2023

Source: www.5sah.co.uk

Remind me about … Sections 91 and 92 PA95 – Pensions Barrister

Posted March 30th, 2023 in assignment, chambers articles, forfeiture, news, pensions, set-off by sally

‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’

Pensions Barrister, 22nd March 2023

Source: www.pensionsbarrister.com

The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool – Courts and Tribunals Judiciary

Posted March 13th, 2023 in damages, forfeiture, penalties, speeches by tracey

‘Forfeiture, penalties and damages in property law. The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool given by Mr Justice Fancourt, Vice-Chancellor of the County Palatine of Lancaster on Tuesday, 21 February 2023.’

Courts and Tribunals Judiciary, 8th March 2023

Source: www.judiciary.uk

Forfeiture in Trust-Based Occupational Pension Schemes – Wilberforce Chambers

Posted January 24th, 2023 in chambers articles, forfeiture, news, pensions, trusts by sally

‘Before 28 October 2018, when judgment was delivered in Lloyds Banking Group Pensions Trustees v Lloyds Bank [2018] EWHC 2839 (Ch), forfeiture of benefits in occupational pension schemes was hardly a “hot topic”.’

Wilberforce Chambers, January 2023

Source: www.wilberforce.co.uk

CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch) – Radcliffe Chambers

Posted August 16th, 2022 in forfeiture, interpretation, news, ombudsmen, pensions by sally

‘On 11 August 2022 Mr Justice Leech handed down judgment in CMG Pension Trustees Ltd v CGI IT UK Ltd [2022] EWHC 2130 (Ch), a claim primarily concerning the construction of a rule in the CMG UK Pension Scheme which the defendant sponsoring employer contended provided for forfeiture of members’ benefits in specified circumstances.’

Radcliffe Chambers, 11th August 2022

Source: radcliffechambers.com

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

Posted April 6th, 2022 in appeals, forfeiture, housing, landlord & tenant, local government, news, repossession, Supreme Court by sally

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

UKSC Blog, 5th April 2022

Source: ukscblog.com

Fixed term secure tenancies and forfeiture – Nearly Legal

Posted March 28th, 2022 in appeals, forfeiture, housing, landlord & tenant, local government, news, repossession, Supreme Court by tracey

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

Posted February 11th, 2022 in chambers articles, civil justice, civil procedure rules, criminal justice, disclosure, domestic violence, families, forfeiture, murder, news, police, striking out, unlawful killing by sally

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, forfeiture, limitations, news, pensions, trusts by sally

‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’

Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

Posted April 29th, 2021 in appeals, forfeiture, landlord & tenant, leases, local government, news, Supreme Court by sally

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by tracey

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

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