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SZEPIETOWSKI (NEE SEERY) v THE NATIONAL CRIME AGENCY (FORMERLY THE SERIOUS ORGANISED CRIME AGENCY)
[2014] Lloyd's Rep FC 1
Proceeds of Crime Act 2002 – Confiscation proceedings – Compromise – Equity – Marshalling – Availability of marshalling where no underlying personal debt.
THE SCOTTISH MINISTERS v STIRTON AND ANOTHER
[2014] Lloyd's Rep FC 18
Civil recovery – Proceeds of crime – Interim Administration Order – Interim Administrator using pseudonym – Public interest immunity certificate – Competency – Recovery order – Procedure – Appearance of bias – Standard of proof – Definition of “extortion” – Human rights – Proportionality of civil recovery order under A1P1 – Proceeds of Crime Act 2002, sections 256 and 266.
R v FIELDS AND OTHERS
[2014] Lloyd's Rep FC 42
Sentence – Confiscation order – Proceeds of crime – Defendants being convicted of conspiracy to defraud – Judge finding that three of defendants being principal conspirators – Confiscation orders being made against defendants – Value of benefit being assessed as whole amount with regard to each of three principal conspirators – Defendants appealing against confiscation orders – Whether judge erring in value of benefit obtained by each defendant – Whether judge erring in evaluation of available assets – Sum recoverable from each defendant – Proceeds of Crime Act 2002.
FLETCHER v CHIEF CONSTABLE OF LEICESTERSHIRE CONSTABULARY
[2014] Lloyd's Rep FC 60
Forfeiture – Confiscation – Proceeds of Crime Act 2002, section 298 – Intended for use in unlawful conduct – Hidden money.
FENECH v SERIOUS ORGANISED CRIME AGENCY
[2014] Lloyd's Rep FC 68
Tax – Criminal conduct – Negligence – Tax assessments time limits – Whether SOCA had reasonable grounds to suspect income to have resulted from criminal conduct – Proceeds of Crime Act 2002, sections 317, 323 and 326 – Taxes Management Act 1970, section 36.
R v J AND OTHERS
[2014] Lloyd's Rep FC 87
Prevention of Corruption Act 1906 - Elements which the prosecution has to prove - Principal and agent - Consent of principal for agent to receive benefit.
MADOFF SECURITIES INTERNATIONAL LTD (IN LIQUIDATION) v RAVEN AND OTHERS
[2014] Lloyd's Rep FC 95
Directors' duties - Duomatic defence - Ex turpi causa - Ponzi scheme - Fraud.
SECRETARY OF STATE FOR HEALTH AND OTHERS v SERVIER LABORATORIES LTD AND OTHERS and NATIONAL GRID ELECTRICITY TRANSMISSION PLC v ABB LTD AND OTHERS
[2014] Lloyd's Rep FC 175
Disclosure orders – Judicial discretion – EU law – Foreign companies – Judicial co-operation – Jurisdiction – Provision of information – Taking of evidence abroad.
O'NEIL v GALE
[2014] Lloyd's Rep FC 202
Restitution – Financial regulation – Criminal law – Unjust enrichment – Defence of change of position – Dishonest assistance – Regulatory offences – Collective Investment Scheme – Participation – Aiding commission of offence – Knowledge of elements of offence – Knowledge of requirement for authorisation – Financial Services and Markets Act 2000, sections 19, 23 and 235.
7722656 CANADA INC (FORMERLY CARRYING ON BUSINESS AS SWIFT TRADE INC) AND ANOTHER v THE FINANCIAL CONDUCT AUTHORITY (A COMPANY LIMITED BY GUARANTEE, FORMERLY THE FINANCIAL SERVICES AUTHORITY) DA VINCI INVEST LTD DA AND VINCI INVEST PTE LTD (INTERVENERS)
[2014] Lloyd's Rep FC 207
Market abuse – “Layering” – Financial Services and Markets Act 2000, section 118 – Dissolved companies.
R v PADDA
[2014] Lloyd's Rep FC 223
Confiscation order – Proceedings to reconsider available amount for revised order – Test to be applied in determine the “just” amount – Requirement for proportionality – Proceeds of Crime Act 2002, section 22.
LEES AND OTHERS v SOLIHULL MAGISTRATES' COURT AND ANOTHER
[2014] Lloyd's Rep FC 233
Excise duty – Search warrants – Police and Criminal Evidence Act 1984 – Retention of material – Criminal Justice and Police Act 2001 – Judicial review – Unlawful entry – Remedies.
LLOYDS TRUST CO (CI) LTD v FRAGOSO, HOY, GOVERNMENT OF MOZAMBIQUE AND HM ATTORNEY GENERAL
[2014] Lloyd's Rep FC 241
R v GLOBAL FUELS INC
[2014] Lloyd's Rep FC 243
R v FYSH
[2014] Lloyd's Rep FC 245
HM PROCUREUR v KING ET AL
[2014] Lloyd's Rep FC 250
R v MACKLE (NO 1), (NO 2), (NO 3) R v MCLAUGHLIN
[2014] Lloyd's Rep FC 253
Confiscation orders – Order made by consent – Orders based on incorrect legal basis – Whether defendant can appeal – Who receives the benefit in evasion of duty cases
THE SCOTTISH MINISTERS v ELLIS
[2014] Lloyd's Rep FC 268
Civil recovery – Recovery order – Weight to be given to hearsay evidence of unlawful conduct – Significance of lack of satisfactory explanation of income.
SANTANDER UK PLC v RA LEGAL SOLICITORS
[2014] Lloyd's Rep FC 282
Mortgage fraud – Solicitors – Breach of trust – Strict liability – Transferring money to a fraudster – Relief from liability under the Trustee Act 1925 – Trustee Act 1925, section 61.
R v Onuigbo (ALSO KNOWN AS OKORONKWO)
[2014] Lloyd's Rep FC 302
Confiscation orders – Benefit from criminal conduct – Criminal lifestyle – Correct confiscation regime – Lien – Solicitors' powers and duties – Disclosure – Extent of prosecutor's disclosure – Criminal Justice Act 1988, section 93A – Proceeds of Crime Act 2002, sections 6(4)(b), 6(5), 327 and 328 – Proceeds of Crime Act 2002 (Commencement No 5 Transitional Provisions, Savings and Amendment) Order 2003, paras 1(3), 2(1) and 3(1).
R v PACE AND ANOTHER
[2014] Lloyd's Rep FC 319
Attempts – Concealment of criminal property – Criminal intent – Intention – Mens rea – Scrap metal dealing – Attempts to convert criminal property – Suspicion – Criminal Attempts Act 1981, section 1(1) – Criminal Law Act 1977, section 1 – Proceeds of Crime Act 2002, sections 327(1) and 340(3).
HOLT v HER MAJESTY'S ATTORNEY GENERAL ON BEHALF OF THE QUEEN
[2014] Lloyd's Rep FC 335
Money laundering – Criminal property – Knowledge of criminal conduct – (Isle of Man) Proceeds of Crime Act 2008, section 140 – “Arrangement” offence.
R v Boughton-Fox
[2014] Lloyd's Rep FC 343
Second appeal against conviction – Confiscation order – Restraint order – Date of commencement of offence – Change in confiscation regime from Criminal Justice Act 1988 to Proceeds of Crime Act 2002 – Substitution of order under correct regime.
R v TATHAM
[2014] Lloyd's Rep FC 354
Confiscation – Criminal Justice Act 1988, section 71 – Pecuniary advantage – Fraudulent evasion of excise duty – Tobacco Products Duty Act 1979 – Joint enterprise – Council Directive 92/12/EEC.
VAN DER PIJL v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND ANOTHER
[2014] Lloyd's Rep FC 362
Mutual legal assistance (“MLA”) request – Tax fraud – Crime (International Co-operation Act) 2001 – Search warrant – Criminal Justice and Police Act 2001, section 59 – Judicial review.
KULIBABA AND KONOVALENKO v GOVERNMENT OF THE UNITED STATES OF AMERICA
[2014] Lloyd's Rep FC 383
Extradition – Concurrent jurisdiction – Double jeopardy – Extradition Act 2003, section 103 – Abuse of process.
UNITED STATES OF AMERICA v ABACHA AND OTHERS
[2014] Lloyd's Rep FC 392
Corruption – Fraud – Proceeds of misappropriations – Forfeiture claim brought by foreign country – Freezing order – Civil Jurisdiction and Judgments Act 1982, section 25 – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5.
R v O'BRIEN
[2014] Lloyd's Rep FC 401
Extradition – Specialty – Extradition Act 2003 – Extradition from USA – Restraint – Breach of restraint – Civil contempt – Criminal contempt.
NATIONAL CRIME AGENCY (PREVIOUSLY KNOWN AS SERIOUS ORGANISED CRIME AGENCY) v HAKKI YAMAN NAMLI (AKA FERDAL CAKMAK, SARIF SARIKAYA AND DR YAMAN) AND ANOTHER
[2014] Lloyd's Rep FC 409
Proceeds of Crime – Assets recovery – Banking and finance – Fraud – Inducement – Inferences – Civil Procedure – Proceeds of Crime Act 2002, sections 241, 304, 306 and 307.
R v KING
[2014] Lloyd's Rep FC 423
Sentence – Confiscation order – Proceeds of Crime – Recoverable amount – Appeal against amount of confiscation order – Confiscation order disproportionate within meaning of article 1 of Protocol 1 to ECHR – Proceeds of Crime Act 2002, section 6 – Appellant selling cars privately.
R (GOLFRATE PROPERTY MANAGEMENT LTD AND ANOTHER) v THE CROWN COURT AT SOUTHWARK AND ANOTHER
[2014] Lloyd's Rep FC 431
Criminal Procedure – Search and seizure warrants – Information – Non-disclosure – Police powers – Money laundering – Breach of sanctions – Proceeds of Crime Act 2002, sections 340, 352(1), 352(6)(b), 353(b), 355(1)–(3) – Council Regulation (EC) No 310/2002 and 314/2004 – Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) Regulations 2002 and 2004 – Zimbabwe (Financial Sanctions) Regulations 2009 – Police and Criminal Evidence Act 1984, sections 15 and 16 – Criminal Justice and Police Act 2001, section 50.
KALEY v UNITED STATES
[2014] Lloyd's Rep FC 455
UNITED STATES OF AMERICA EX REL HARRY BARKO v HALLIBURTON COMPANY ET AL
[2014] Lloyd's Rep FC 457
BARNES (AS FORMER COURT APPOINTED RECEIVER) v THE EASTENDERS GROUP AND ANOTHER
[2014] Lloyd's Rep FC 461
Receivership order – Ex parte application – Duty of candour not fulfilled – Order wrongly granted – Which party to bear Receiver's costs.
PAULET v UK
[2014] Lloyd's Rep FC 484
Confiscation – Proceeds of Crime Act 2002, section 6 – Applicant using false passport in applying for employment – Obtaining by deception and other offences – Confiscation of net salary earned from otherwise legitimate employment – Whether abuse of process jurisdiction sufficient to assure applicant's rights under article 1 Protocol 1 (“A1P1”) of the European Convention on Human Rights (“ECHR”).
RAWLINSON AND HUNTER TRUSTEES SA AND OTHERS v AKERS AND ANOTHER
[2014] Lloyd's Rep FC 502
Third party disclosure – Legal professional privilege – Litigation privilege – Interpretation of “dominant purpose” – Interpretation of “real prospect”.
TCHENGUIZ AND ANOTHER v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2014] Lloyd's Rep FC 519
Cause of action estoppel – Judicial review – Res judicata – Search warrants – Trespass.
R (ON THE APPLICATION OF AB AND ANOTHER) v HUDDERSFIELD MAGISTRATES' COURT AND ANOTHER
[2014] Lloyd's Rep FC 527
Search warrants – Full and frank disclosure – Legal professional privilege – Judicial review – Police and Criminal Evidence Act 1984, sections 8, 15, 16 and 18 – Criminal Justice and Police Act 2001, sections 15, 16 and 50 – Codes of Practice – Code B.
TCHENGUIZ AND ANOTHER v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2014] Lloyd's Rep FC 539
Independent counsel – Document review – Legal professional privilege – Judicial review proceedings – Disclosure – Collateral purpose – Contempt.
R v AHMAD AND ANOTHER, R v FIELDS AND OTHERS
[2014] Lloyd's Rep FC 547
Crime – Confiscation – Aim of confiscation legislation – Benefit from criminal conduct – Jointly obtained – Apportionment – Confiscation orders for whole amount – Recovery by the State – Proportionality – Article 1, Protocol 1 ECHR – Criminal Justice Act 1988, section 71(4) – Proceeds of Crime Act 2002, section 76(4).
PATEL v MIRZA
[2014] Lloyd's Rep FC 561
Contract – Frustration – Illegality – Restitution – Unjust enrichment – Insider dealing – Claimant paying defendant to make joint spread bet on stock market movement – Insider information not available – Bet not made – Claimant seeking repayment – Criminal Justice Act 1993, section 52.
R v OKEDARE
[2014] Lloyd's Rep FC 585
Confiscation – Absence of offender – Proceeds of Crime Act 2002, section 6.
R v ERNEST
[2014] Lloyd's Rep FC 595
Confiscation order – Calculation of benefit – Assumptions – Inclusion of living expenses – Approach to calculating available amount – Proceeds of Crime Act 2002.
R (ON THE APPLICATION OF MILLS AND ANOTHER) v SUSSEX POLICE AND ANOTHER
[2014] Lloyd's Rep FC 604
Proceeds of Crime Act 2002, sections 352 and 353 – Lawfulness of search warrant – Judicial review – Full and frank disclosure – Whether warrant should be set aside.
FHR EUROPEAN VENTURES LLP AND OTHERS v CEDAR CAPITAL PARTNERS LLC
[2014] Lloyd's Rep FC 617
Secret commission – Bribe – Constructive trust – Secret profit – Principal and agent relationship.
R (VIRGIN MEDIA LTD) v ZINGA (BRITISH RECORDED MUSIC INDUSTRY & THE FEDERATION AGAINST COPYRIGHT THEFT LTD, INTERVENING)
[2014] Lloyd's Rep FC 629
Criminal law – Costs – Prosecution costs – Private prosecutor – Prosecution of Offences Act 1985, section 17 – Costs in Criminal Cases (General) Regulations 1986.
R v ROGERS AND OTHERS
[2014] Lloyd's Rep FC 638
Money laundering – Amended indictment – Defendant being convicted of converting criminal property – Defendant appealing – Jurisdiction – Whether judge erring in permitting amendment of indictment after successful no case to answer submission – Whether judge erring in ruling acts alleged in amended count not being subsumed by conspiracies of which defendant being acquitted – Whether judge erring in ruling Crown Court having jurisdiction to deal with amended count – Proceeds of Crime Act 2002, section 327(1)(c).
SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS v WESTON AND ANOTHER
[2014] Lloyd's Rep FC 648
Company law – Civil procedure – Abuse of process – Disqualification orders – Company Directors Disqualification Act 1986, sections 2, 4, 6, 7(1), 16(2), Schedule 1.
R (PANESAR AND OTHERS) v THE CENTRAL CRIMINAL COURT
[2014] Lloyd's Rep FC 662
Search warrants – Retention of seized property – Jurisdiction of court – Criminal Justice and Police Act 2001, section 59, Part 2.
RE HAGERTY
[2014] Lloyd's Rep FC 673
HKSAR v KRIEGER AND ANOTHER
[2014] Lloyd's Rep FC 679
UNITED STATES SECURITIES AND EXCHANGE COMMISSION v CITIGROUP GLOBAL MARKETS INC
[2014] Lloyd's Rep FC 681
SWEENEY v WESTMINSTER MAGISTRATES' COURT AND ANOTHER (ENVIRONMENT AGENCY, INTERESTED PARTY)
[2014] Lloyd's Rep FC 685
Criminal procedure – Search and seizure warrants – Information – Non-disclosure – Money laundering – Harmful disposal of waste – Environment – Police and Criminal Evidence Act 1984, sections 8(1), 8(3), 9, 15, 15(6), 16, Sch 1 – Environment Protection Act 1990, sections 33, 34 – Environment Act 1995, sections 108, 110 – Environmental Permitting (England and Wales) Regulations 2010, regs 8, 12, 14, 20, 21, 22, 32, 34, 36, 37, 38, 41, Sch 5 – Proceeds of Crime Act 2002, sections 327, 328, 329.
HANNAM v FINANCIAL CONDUCT AUTHORITY
[2014] Lloyd's Rep FC 704
Market abuse – Inside information – Standard of proof.