- Home/Publications/LLR: Financial Crime
R v BOND
[2023] Lloyd's Rep FC 1
Disclosure - Prosecution failure to disclose material - Relevance to legal applications - Relevance to conduct of defence case - Abuse of Process - Admissibility of guilty pleas.
R v WOOD
[2023] Lloyd's Rep FC 19
Confiscation orders - Reconsideration of available amount - Whether "new calculation" limited to assets held by defendant at time of reassessment - Proceeds of Crime Act 2002, sections 21 and 22.
R v ANDREWES
[2023] Lloyd's Rep FC 35
Confiscation orders - CV fraud - Benefit from particular criminal conduct - Recoverable amount - Disproportionality.
FINANCIAL CONDUCT AUTHORITY v PAPADIMITRAKOPOULOS AND ANOTHER
[2023] Lloyd's Rep FC 48
Preliminary issue - Financial services - Statutory interpretation of section 9 of the Crime (International Co-Operation) Act 2003 - Use of material obtained through mutual legal assistance - Whether claim should be struck out as an abuse of process.
SERIOUS FRAUD OFFICE v GLENCORE ENERGY UK LTD
[2023] Lloyd's Rep FC 72
Crime - Corporate offending - Corruption - Guilty plea - Bribery Act - Bribery - Failure to prevent - Sentencing - Compensation - Confiscation - Cooperation.
NATIONAL CRIME AGENCY v WESTMINSTER MAGISTRATES' COURT (INGLISTON MANAGEMENT LTD, LODGE SECURITY TEAM LTD, PETR OLEGOVICH AVEN, INTERESTED PARTIES): R (INGLISTON MANAGEMENT LTD AND LODGE SECURITY TEAM LTD) v WESTMINSTER MAGISTRATES' COURT (NATIONAL CRIME AGENCY, PETR OLEGOVICH AVEN, INTERESTED PARTIES)
[2023] Lloyd's Rep FC 85
Sanctions - Russian sanctions - Proceeds of Crime Act 2002 - The Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) - National Crime Agency - Account Freezing Orders - Ex parte application - Judicial Review - AFO variation - OFSI licenses - Application to set aside AFO.
PJSC NATIONAL BANK TRUST, PJSC BANK OTKRITIE FINANCIAL CORPORATION v BORIS MINTS AND OTHERS
[2023] Lloyd's Rep FC 99
Sanctions - Russian sanctions - Effect of designation - Licensing - Stay of civil litigation - Ownership and control.
R (WORLD UYGHUR CONGRESS) v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND OTHERS
[2023] Lloyd's Rep FC 133
Judicial review – Crimes and human rights abuses by China in Xinjiang – Foreign Prison-Made Goods Act 1897, section 1 – Customs and Excise Management Act 1979, sections 49 and 139 – Money laundering arising from human rights abuses – Proceeds of Crime Act 2002, sections 240, 241, 304 – 306, 328, 329 and 340 – Civil recovery.
R (MNL) v WESTMINSTER MAGISTRATES’ COURT (BRITISH BROADCASTING CORPORATION, MARTIN BENTHAM, THE NATIONAL CRIME AGENCY, INTERESTED PARTIES)
[2023] Lloyd's Rep FC 161
Anonymity – Forfeiture – Money laundering – Non-parties – Open justice – Public interest – Reputation – Right to respect for private and family life.
CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK AG (LONDON BRANCH) and (1) CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD, (2) CONSTITUTION AIRCRAFT LEASING (IRELAND) 5 LTD (PART 8 CLAIMANT) v UNICREDIT BANK AG (LONDON BRANCH) (PART 8 DEFENDANT)
[2023] Lloyd's Rep FC 181
Banking Sanctions Letters of credit Statutory Interpretation Aviation Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) Russia Sanctions (EU Exit) (Amendment (No 3) Regulations 2022 (SI 2022 No 195).
ASSAAD v COUNCIL OF THE EUROPEAN UNION
[2023] Lloyd's Rep FC 213
EU restrictive measures – Syria – Manifest error of assessment – Mistaken identity – Legal certainty – Legitimate expectations.
FRESH VIEW SWIFT PROPERTIES LTD v WESTMINSTER MAGISTRATES’ COURT
[2023] Lloyd's Rep FC 244
Civil recovery – Forfeiture of assets – Recoverable property – Meaning of “obtains through unlawful conduct” – Discretion – Proportionality – Proceeds of Crime Act 2002, sections 242, 303Z14 and 304.
LLC SYNESIS v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS
[2023] Lloyd's Rep FC 252
Sanctions – Belarus – Reasonable grounds to suspect – Threshold test – Correct approach on application for judicial review.
DIRECTOR OF THE SERIOUS FRAUD OFFICE v KALLAKIS
[2023] Lloyd's Rep FC 266
Confiscation orders – Reconsideration of available amount – Available assets – Third parties – Tainted gifts.
MARKOU v FINANCIAL CONDUCT AUTHORITY
[2023] Lloyd's Rep FC 285
Financial Conduct Authority – SMF1 – SMF3 – Authorised person – Regulated activity – Approved person – Fit and proper person – Controlled functions.
R (CHAPTER 4 CORP DBA SUPREME) v THE CROWN COURT AT SOUTHWARK, THE LORD CHANCELLOR (INTERESTED PARTY)
[2023] Lloyd's Rep FC 346
Costs from central funds – Costs orders – Private prosecution – Jurisdiction – Judicial review – Rules of court.
PHILIPP v BARCLAYS BANK UK PLC
[2023] Lloyd's Rep FC 359
APP fraud – Bank – Duty of care – Contractual relationship between bank and customer.
DALSTON PROJECTS LTD AND OTHERS v THE SECRETARY OF STATE FOR TRANSPORT
[2023] Lloyd's Rep FC 385
Sanctions – Russian sanctions – Sanctions and Anti-Money Laundering Act 2018 (“SAMLA 2018”) – Sanctions Regulations – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – First Protocol of the European Convention on Human Rights (“A1P1”) – Judicial Review – Designated person – “Involved person” – Ships – Detention of super yacht – Disproportionate interference with property rights – Secretary of State detention powers – Public community interest.
GOPEE v THE CROWN COURT AT SOUTHWARK, THE FINANCIAL CONDUCT AUTHORITY (INTERESTED PARTY)
[2023] Lloyd's Rep FC 401
Appeal – General Restraint Orders – Application to set aside – Requirement for hearings – Limitations of article 6 ECHR right to a hearing – Civil Procedure Rules Part 3.11 – Practice Direction 3C.
R v COOPER AND OTHERS
[2023] Lloyd's Rep FC 413
Sentencing – Totality – Primary offending – Money laundering.
SHVIDLER v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS
[2023] Lloyd's Rep FC 423
Sanctions – Effect of designation – Proportionality – Meaning of “associated with”.
MINTS AND OTHERS v PJSC NATIONAL BANK AND ANOTHER
[2023] Lloyd's Rep FC 443
Civil proceedings – Economic sanctions – Claimant involved in ongoing litigation designated by UK Government preventing dealing in its assets or making available any assets to it – Whether court able to enter judgment on designated claimant's claim – Whether acts of designated person paying adverse costs order, satisfying order for security for costs, paying damages awarded in respect of cross-undertaking in damages, and payment of costs order in designated person's favour licensable – Whether designated person controls entity which is not personal asset of designated person but designated person able to exert influence over entity by virtue of political office – Sanctions and Anti-Money Laundering Act 2018, section 3(1)(a)(d) – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855), regulations 7(4), 11, 12, 64, Schedule 5, paras 3, 5.
R v ECCLESTONE
[2023] Lloyd's Rep FC 485
Proceeds of crime – Assessment of benefit – Factual findings – Relationship with sentence.
R (FRIDMAN) v HM TREASURY, ATHLONE HOUSE LTD (INTERESTED PARTY)
[2023] Lloyd's Rep FC 493
Restrictive measures – Licensing – Basic needs – Prior obligations – Scope of discretion.
WM, SOVIM SA v LUXEMBOURG BUSINESS REGISTERS
[2023] Lloyd's Rep FC 515
Preliminary ruling – Money laundering – Terrorist financing – Public access to information on beneficial ownership – Respect for private and family life – Protection of personal data – Validity – Transparency – Proportionality – Directive (EU) 2018/843 amending Directive (EU) 2015/849 – Amendment to article 30(5)(c) – Charter of Fundamental Rights of the European Union, articles 7 and 8.