Serious Fraud Office v Lexi Holdings plc (in Administration) and Another
Court of Appeal (Criminal Division)
“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”
The Times, 18th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. ”
WLR Daily, 1st August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R v Sivaraman; [2008] WLR (D) 256
“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”
WLR Daily, 25th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Back-from-the-dead canoeist John Darwin and his wife Anne have been awarded legal aid to fight attempts to recover their assets.”
BBC News, 25th July 2008
Source: www.bbc.co.uk
Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235
“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”
WLR Daily, 11th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Proceeds of Crime Lawyers Association (Pocla) was launched on Monday (16 June) at the Inner Temple Hall in front of 400 guests.”
The Lawyer, 23rd June 2008
Source: www.thelawyer.com
“Millions of pounds worth of criminal assets, including luxury homes and jewellery, will remain out of the reach of the state after a landmark ruling by the Appeal Court.”
The Independent, 23rd June 2008
Source: www.independent.co.uk
Court of Appeal
“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”
The Times, 23rd May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
R v Green [2008] UKHL 30; [2008] WLR (D) 152
“The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”
WLR Daily, 16th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R v May [2008] UKHL 28; [2008] WLR (D) 151
“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”
WLR Daily, 16th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
House of Lords
“Where codefendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”
The Times, 15th May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
King v Serious Fraud Office [2008] EWCA Crim 530; [2008] WLR (D) 147
“Arts 6, 7 and 8 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, read as a whole, provided a scheme to make a restraint order in response to an external request only in respect of property in England and Wales. There was no power to make a restraint order in respect of property outside the jurisdiction.”
WLR Daily 12th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The purpose of this paper is to seek stakeholder views on the proposed Code of Practice which provides guidance to the specified prosecuting authorities in England, Wales and Northern Ireland on the use of the powers of investigation which are provided by POCA.”
Attorney General’s Office, 19th March 2008
Source: www.attorneygeneral.gov.uk
“Police have yet to use powers to freeze suspected gangsters’ finances two years after the high-profile launch of an agency to tackle serious crime.”
Daily Telegraph, 17th March 2008
Source: www.telegraph.co.uk
Court of Appeal (Criminal Division)
“When calculating the benefit to a thief or handler of his acquisition or possession of criminal property, the market value of it was the amount it would have cost him to obtain the property legitimately, or the economic value to the loser, rather than what the thief or handler could get for the property if he sold it.”
The Times, 6th March 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Suspected drug dealers’ assets could be seized on arrest, rather than charge, under ministers’ new drugs strategy.”
BBC News, 27th February 2008
Source: www.bbc.co.uk
“Police will be able to seize high-value assets from suspected drug dealers as soon as they are arrested under plans to be unveiled this week by Jacqui Smith, the Home Secretary.”
Daily Telegraph, 24th February 2008
Source: www.telegraph.co.uk
Maye v Director of Public Prosecutions, Northern Ireland
House of Lords
“An interest in an unadministered intestate estate and an action for damages for false im-prisonment were both ‘things in action’ and therefore ‘property’ when determining the amount that might be realised for the purpose of a confiscation order.”
The Times, 11th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33
“The appellant’s interest in his parents’ unadministered estates and an action by him for damages for false imprisonment were ‘things in action’ and so ‘property’ within the definition in art 3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.”
WLR Daily, 6th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A suspected drugs trafficker who claimed that an ice cream van and other small businesses had earned him three homes and a fleet of luxury cars has become one of the biggest victims of criminal assets recovery law.”
The Guardian, 6th February 2008
Source: www.guardian.co.uk
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