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ORDRE DES BARREAUX FRANCOPHONES ET GERMANOPHONE AND OTHERS v CONSEIL DES MINISTRES Case C-305/05

[2008] Lloyd's Rep FC 1

Directive 91/308/EEC - Prevention of the use of the financial system for the purpose of money laundering - Obligation on lawyers to inform the competent authorities of any fact which could be an indication of money laundering - Right to a fair trial - Professional secrecy and the independence of lawyers.

DIRECTOR OF THE ASSETS RECOVERY AGENCY v SZEPIETOWSKI AND OTHERS

[2008] Lloyd's Rep FC 10

Civil recovery - Interim receiving order - Properly arguable claim - Unlawful conduct - Limitation of claims.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v A

[2008] Lloyd's Rep FC 30

Restraint order - Material non-disclosure - Discharge - Circumstances when appropriate.

R (ON THE APPLICATION OF KELLY) v WARLEY MAGISTRATES COURT THE LAW SOCIETY (INTERVENING)

[2008] Lloyd's Rep FC 37

Case management - Defence witnesses - Directions - Disclosure - Legal professional privilege - Litigation privilege - Statutory interpretation.

STONE & ROLLS LTD v MOORE STEPHENS AND ANOTHER

[2008] Lloyd's Rep FC 47

Attribution - Audits - Duty of care - Ex turpi causa - Fraud - Illegality - Letters of credit - Loss.

R v STANLEY

[2008] Lloyd's Rep FC 63

Confiscation order - Obtaining property - Criminal conduct - Proceeds of Crime Act 2002, sections 76(4), 82(2)(b) and (h).

A AND OTHERS v R

[2008] Lloyd's Rep FC 68

Criminal trial - Procedure - Unfair trial - Effect of disruptions and length of trial - Summing-up - Importance of clear identification of issues raised by defence.

MAN NUTZFAHRZEUGE AG AND ANOTHER v FREIGHTLINER LTD AND ANOTHER

[2008] Lloyd's Rep FC 77

Accounts - Assumption of responsibility - Auditors - Duty of care - Financial reporting - Fraudulent misrepresentation - Indemnities - Loss - Professional negligence.

R (ON THE APPLICATION OF REVENUE & CUSTOMS PROSECUTION OFFICE) v R AND ANOTHER

[2008] Lloyd's Rep FC 100

Bank accounts - Contempt of court - Freezing injunctions - Restraint orders - Confiscation orders - Costs.

KENSINGTON INTERNATIONAL LTD v REPUBLIC OF CONGO

[2008] Lloyd's Rep FC 107

Interim relief - Norwich Pharmacal order - Privilege against self-incrimination - Bribery - Money laundering - Civil Jurisdiction and Judgments Act 1982, section 25 - Fraud Act 2006, section 13 - Proceeds of Crime Act 2002, section 328.

STATEK CORPORATION v ALFORD

[2008] Lloyd's Rep FC 127

Director’s fiduciary duties - Breach of trust - Fraud - Dishonest assistance - Limitation periods.

R v DONCASTER

[2008] Lloyd's Rep FC 150

Cheating the public revenue - Previous tax enquiries - Bad character - Criminal Justice Act 2003, sections 101(1)(c) and (d) - Person charged with the duty of investigating offences - Police and Criminal Evidence Act 1984, section 67(9) - Good character direction where evidence of reprehensible conduct - Documents required for an accounting purpose - Theft Act 1968, section 17(1)(a).

R v NW AND OTHERS

[2008] Lloyd's Rep FC 163

Money laundering - Proceeds of Crime Act 2002, section 340 - Criminal conduct - Whether necessary to prove class of criminal conduct in question.

AP AND ANOTHER v CROWN PROSECUTION SERVICE AND ANOTHER

[2008] Lloyd's Rep FC 174

Funding arrangements - Restraint orders - Right to a fair trial - Variation to provide legal funding - State provision of legal funding - Section 41 Proceeds of Crime Act 2002 - Protocol 1 article 1 European Convention on Human Rights - Section 4(4) Human Rights Act 1998.

BIRMINGHAM CITY COUNCIL v RAM

[2008] Lloyd's Rep FC 183

Confiscation - Legitimate business - Criminal lifestyle - Rebuttal of statutory assumptions.

IN RE MAYE (AP)

[2008] Lloyd's Rep FC 189

Confiscation order - Additional assets becoming available - Whether confiscation order can be increased - Proceeds of Crime (Northern Ireland) Order 1996, article 21.

R (GRIFFIN) v RICHMOND MAGISTRATES’ COURT AND ANOTHER

[2008] Lloyd's Rep FC 196

Corporate insolvency offences - Defences - Burden of proof - Legal burden on defendant under section 208(4)(a) of the Insolvency Act 1986 to show no intention to defraud - Section 208(1)(c) of the Insolvency Act 1986 - Section 216 of the Insolvency Act 1986 - Article 6(2) of the European Convention on Human Rights.

R v ROSE R v WHITWAM

[2008] Lloyd's Rep FC 206

Criminal law - Money laundering - Proceeds of Crime Act 2002, sections 329 and 340 - Criminal property - Whether thief or handler of stolen goods obtains an interest in property - Whether appropriate to charge theft or handling cases as money laundering offences. Criminal law - Confiscation - Proceeds of Crime Act 2002, sections 79 and 80 - Assessing benefit - Stolen property - Property restored to lawful owners - Whether to include in benefit calculation - How to assess market value.

DIRECTOR OF THE ASSETS RECOVERY AGENCY v VIRTOSU AND ANOTHER

[2008] Lloyd's Rep FC 225

Asset recovery - Dual criminality - Proof of unlawful conduct overseas - Admissibility of overseas conviction - Proceeds of Crime Act 2002, section 241.

OLUPITAN AND ANOTHER v DIRECTOR OF THE ASSETS RECOVERY AGENCY [2008] EWCA Civ 104

[2008] Lloyd's Rep FC 253

Civil recovery - Conspiracy to defraud - Mortgage fraud - Claimant in civil recovery proceedings not bound by concession made by prosecution in criminal trial - Recoverable property - Unlawful conduct.

R v W STEVENSON & SONS AND ANOTHER [2008] EWCA Crim 273

[2008] Lloyd's Rep FC 266

Criminal liability - Partnerships - Partners’ liability - Liability as a separate entity from individual partners - Confiscation orders.

TOTAL NETWORK SL v HM REVENUE AND CUSTOMS [2008] UKHL 19

[2008] Lloyd's Rep FC 275

Revenue fraud - Conspiracy by unlawful means - Recovery of fraudulent loss by civil claim - Bill of Rights 1688, article 4 - Value Added Tax Act 1994 - Commissioners for Revenue and Customs Act 2005, sections 5, 9, and 25.

R v BRIGHT

[2008] Lloyd's Rep FC 323

Crime - Sentencing - Conspiracy to defraud - Criminal Justice Act 1987, section 12(3) - Fraudulent trading - Companies Act 1985 - Whether maximum sentence for conspiracy limited to maximum sentence for substantive offence.

NORRIS v UNITED STATES OF AMERICA AND OTHERS

[2008] Lloyd's Rep FC 332

Criminal law - Competition law - Legal certainty - Cartel activity - Conspiracy to defraud - Whether the facts of a cartel agreement may amount to common law offence - Extradition - Extradition Act 2003, section 137 - Double criminality - Whether an individual may be extradited to face an allegation of strict liability when the corresponding offence in the UK requires proof of mens rea - Extradition Act 2003, section 137(2)(b) - Transposition - Whether allegations of perverting the course of foreign justice may amount to extradition offences.

R v CRAIG

[2008] Lloyd's Rep FC 358

Criminal law - Money laundering - Section 340, Proceeds of Crime Act 2002 - Criminal conduct - Whether necessary to prove type of criminal conduct in question.

PIPE v COMMISSIONERS FOR HM REVENUE & CUSTOMS

[2008] Lloyd's Rep FC 364

Revenue and customs - Continuing penalties for non-compliance - Notice requiring delivery of income and capital gains tax returns - Mistake in penalty notice - Whether a criminal matter - Taxes Management Act 1970 as amended, sections 8, 93(3), 100B(1), 114(1), 114(2)(b) - European Convention on Human Rights, article 3.

R (ON THE APPLICATION OF HAFNER AND ANOTHER) v CITY OF WESTMINSTER MAGISTRATES’ COURT

[2008] Lloyd's Rep FC 376

Mutual assistance - Right to respect for private and family life - Request for assistance from overseas authorities - Procedure taken by a court nominated to receive evidence - European Convention on Human Rights, article 8 - Crime (International Cooperation) Act 2003, sections 13, 14 and 15.

R v CREGGY [2008] EWCA Crim 394

[2008] Lloyd's Rep FC 385

Directors disqualification - Court’s power to make an order - Length of disqualification - Management of a company - Money laundering - Goodyear indication.

RE AL ZAYAT

[2008] Lloyd's Rep FC 390

Criminal law - Restraint of assets - External requests - Proceeds of Crime Act 2002, section 447(11) - Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181) - Requesting state the Islamic Republic of Iran - Investigation conducted by military branch of the Iranian Judicial Organisation - Whether external request made by competent overseas authority - Discretion to grant order - Human rights - Risk that defendant would not receive a fair trial - Retrospectivity - Whether the Iran (Financial Sanctions) Order 2007 (No 281) an impediment to restraint order.

CROWN PROSECUTION SERVICE v JENNINGS [2008] UKHL 29

[2008] Lloyd's Rep FC 421

Conspiracy to defraud - Restraint order - Meaning of “obtain” - Criminal Justice Act 1988, section 71(4).

STONE & ROLLS LTD v MOORE STEPHENS

[2008] Lloyd's Rep FC 426

Attribution - Audits - Duty of care - Ex turpi causa - Fraud - Illegality - Letters of credit - Loss.

R v MAY

[2008] Lloyd's Rep FC 453

Confiscation - Criminal Justice Act 1988, section 71(4) - Benefit - Assessment of property jointly obtained by several conspirators.

REDKNAPP AND ANOTHER v CITY OF LONDON POLICE COMMISSIONER AND ANOTHER

[2008] Lloyd's Rep FC 466

Search warrant - Specific premises warrant - All premises warrant - Description of material sought - Specifying address - Police and Criminal Evidence Act 1984 as amended, sections 8(1A), 8(3), 16(4), 16(5).

R v GREEN

[2008] Lloyd's Rep FC 473

Confiscation - Drug Trafficking Act 1994, section 4(1) - Benefit from criminal conduct - Assessment of property jointly obtained by several conspirators - Proceeds of crime - Drug trafficking.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION v MANTERFIELD

[2008] Lloyd's Rep FC 477

Freezing order - Risk of dissipation - Cross-undertaking in damages - Whether dispensing with cross-undertaking contravenes ECHR article 6 - Whether SEC application seeking to enforce penal provisions of a foreign state.

SERIOUS FRAUD OFFICE v LEXI HOLDINGS PLC AND ANOTHER

[2008] Lloyd's Rep FC 489

Proceeds of crime - Variation of restraint orders - Unsecured third party creditors -Alternative remedies - Election - Pursuing equitable charge after entering judgment in default for in personam money claim, whether permissible - Tracing.

GIBSON v REVENUE AND CUSTOMS PROSECUTION OFFICE

[2008] Lloyd's Rep FC 509

Confiscation order - Beneficial interest in assets jointly owned - Defendant’s wife having knowledge of tainted assets - Statutory power to confiscate defendant’s wife’s assets - Whether confiscation required by public policy - Drugs Trafficking Act 1994, section 8.

R v ALI AND ANOTHER

[2008] Lloyd's Rep FC 516

Criminal law - Procedure - Prosecution taking unfair point against the defence - Judge relying on ex parte material when deciding defence application to admit hearsay evidence - Effect on fairness of proceedings - Whether convictions unsafe - Criminal law - Sentencing - Delay - Effect on sentence.

R v MORGAN R v BYGRAVE

[2008] Lloyd's Rep FC 526

Abuse of process - Confiscation orders - Compensation orders - Criminal Justice Act 1988, section 71(1C) - Proceeds of Crime Act 2002, section 6(6).

R (ON THE APPLICATION OF CORNER HOUSE RESEARCH AND OTHERS) v DIRECTOR OF THE SERIOUS FRAUD OFFICE

[2008] Lloyd's Rep FC 537

Serious Fraud Office - Criminal investigation - Threats by foreign national affecting national security - Lawfulness of decision to halt criminal investigation - Corruption - Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, article 5.

R v ANWOIR AND OTHERS

[2008] Lloyd's Rep FC 554

Money laundering - Criminal conduct - Whether conduct of a specific kind needs to be shown - Transitional provisions - Proceeds of Crime Act 2002, sections 328 and 340 - Proceeds of Crime Act 2002 (Commencement No 4, Transitional Provisions and Savings) Order 2003 - Criminal Justice and Public Order Act 1994, section 35.

IRWIN MITCHELL v THE REVENUE AND CUSTOMS PROSECUTIONS OFFICE

[2008] Lloyd's Rep FC 563

Proceeds of crime - Restraint orders - Legal expenses - Monies held in client account.

R v F AND ANOTHER

[2008] Lloyd's Rep FC 570

Money laundering - Criminal conduct - Whether conduct of a specific kind needs to be shown - Proceeds of Crime Act 2002, sections 327, 328, and 340.

(1) GRAYSON (2) BARNHAM v UNITED KINGDOM

[2008] Lloyd's Rep FC 574

Confiscation proceedings - Realisable assets - Burden of proof on defendant - Human rights - Section 5, Drug Trafficking Act 1994 - Article 6, European Convention on Human Rights (right to a fair hearing) - Article 1 of Protocol No 1 (quiet enjoyment of property).

ATTORNEY GENERAL OF ZAMBIA FOR AND ON BEHALF OF THE REPUBLIC OF ZAMBIA v MEER CARE & DESAI AND OTHERS MEER (APPEALS 1708 AND 1709) DESAI (APPEALS 1146, 1751, AND 1752)

[2008] Lloyd's Rep FC 587

Constructive trust - Dishonest assistance - Breach of fiduciary duty - Dishonesty - Knowledge - Suspicion - Fraud - Solicitors - Money laundering.

LLR: Financial Crime