Cases of Interest
Regina v Alves (2011) EWCA Crim 1375 Instructed by the Prosecution in an appeal against a Confiscation Order. Also instructed in an earlier application for variation of a restraint order by an interested party and an application for variation of the Order pursuant to s.23 POCA. Subsequently instructed in proceedings for an increase in the Order pursuant to s.22 POCA.
Re Sangha – Administrative Court
Confiscation enforcement. Instructed in proceedings for variation of a restraint order / application to include properties (valued in excess of £1.5 million) within a receivership order. The case involved complex issues as to admissibility of evidence in the High Court proceedings and the tainted gift provisions of the Criminal Justice Act 1988.
Re B – Administrative Court
Instructed on behalf of the prosecution in successful proceedings for the appointment of an enforcement receiver by the High Court. Subsequently instructed to advise and represent the receiver in proceedings before the Administrative Court for permission to issue a writ of possession to enforce an agreed sale of the Defendant's matrimonial home.
Regina (Jenn) v. Ealing Magistrates' Court – Administrative Court
Instructed on behalf of the interested party in judicial review proceedings arising out of the decision of the magistrates' court to commit the Claimant to a term of imprisonment in default of payment of over £850,000 in fines, compensation and costs orders. The principal arguments for the Claimant centred on an alleged breach of Article 6 through delay in enforcing the orders.
Re Stapleton – Blackfriars Crown Court
Confiscation enforcement proceedings. Instructed in response to an application for variation of a Confiscation Order following grant of a Certificate of Inadequacy in relation to an historic order obtained following conviction for ‘Missing Trader’ Fraud.
Re B – Leicester Crown Court
Instructed for the Prosecution in an application to commit a third party to prison for failure to repatriate monies as ordered in a POCA Restraint Order relating to allegations of pre-confiscation dissipation of proceeds of sale of a property.
Re Singh- Canterbury Crown Court
Application for appointment of an enforcement receiver. The application was contested by the Defendant’s wife on the basis of an asserted equitable interest in the family home and her Article 8 right to respect for her family life.
HMRC v Johnson and Obidegwu – Crawley Magistrates’ Court; Lewes Crown Court
Acted in cash forfeiture proceedings in relation to over £160,000 of cash seized at premises associated with Respondents convicted of drug trafficking offences. The proceedings were contested by interested parties, including on appeal by an interested party to the Crown Court.
