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SCOPELIGHT LTD AND OTHERS v CHIEF OF POLICE FOR NORTHUMBRIA AND ANOTHER
[2010] Lloyd's Rep FC 1
Police powers and duties — Criminal law and procedure — Police investigation regarding Copyright, Designs and Patents Act 1998, section 107(2A) — Police executing search warrant — Federation Against Copyright Theft Ltd present during police search — Seizure of evidence by police — CPS deciding not in public interest to prosecute — Federation Against Copyright Theft Ltd informing police of its intention to bring private prosecution — Police handing product of section 8 search into possession of Federation Against Copyright Theft Ltd — Whether permitted by Police and Criminal Evidence Act 1984, section 22 — Claim for delivery-up of seized property and damages for conversion
R v ROLLINS and R v McINERNEY
[2010] Lloyd's Rep FC 16
Financial Services Authority — Financial Services and Markets Act 2000 — Proceeds of Crime Act 2002 — Prosecution of Offences Act 1985 — Private prosecutions — Money laundering
SERIOUS ORGANISED CRIME AGENCY v SZEPIETOWSKI AND OTHERS
[2010] Lloyd's Rep FC 25
Civil recovery — Costs — Exclusion Orders — Whether exclusion order may be set aside
SERIOUS ORGANISED CRIME AGENCY v GALE AND OTHERS
[2010] Lloyd's Rep FC 39
Proceeds of Crime Act 2002, Part V — Limitation Act 1980, sections 27A, 32 — Concealment — Discovery of concealment — Whether knowledge of police officer to be attributed to Asset Recovery Agency for limitation purposes
MICHEL v R
[2010] Lloyd's Rep FC 81
Money laundering — Offshore provider of corporate services — Handling stolen funds — Being concerned in an arrangement whereby retention or control of criminal property is facilitated — Several acts of facilitation within a single arrangement — Article 32, Proceeds of Crime (Jersey) Law 1999.
GILHAM v R
[2010] Lloyd's Rep FC 89
Copyright — Criminal law — Selling a device designed for the purpose of circumventing effective technological measures — Copyright, Designs and Patents Act 1988, section 16(3)(A) — Meaning of “substantial part of a copyright work” — Less than 3 per cent of relevant data copied at any one time — Upholding conviction on different basis.
PIGOTT v R
[2010] Lloyd's Rep FC 97
Confiscation order — Criminal Justice Act 1988 — Realisable assets — Hidden assets — Time to pay — Sentence in default of payment — Powers of Criminal Courts (Sentencing) Act 2000, section 139(4) — Bias and the appearance of bias.
JSC BTA BANK v ABLYAZOV AND OTHERS
[2010] Lloyd's Rep FC 105
Self-incrimination — Disclosure and inspection of documents — Exception to privilege — Freezing injunction — Refusal of fourth defendant company’s claim for privilege on grounds of self-incrimination — Fraud Act 2006, section 13 — Proceeds of Crime Act 2002, section 328.
SCOTTISH MINISTERS v DOIG AND OTHERS
[2010] Lloyd's Rep FC 110
Confiscation — Proceeds of Crime Act 2002, Part 5 — Civil Recovery — European Convention on Human Rights, Article 6(2) — Presumption of innocence — Double jeopardy — Criminal charge dropped — Whether evidence relating to criminal charge admissible in civil proceedings.
MOHAMMAD AHMAD v HER MAJESTY’S ADVOCATE
[2010] Lloyd's Rep FC 121
Criminal law — Money laundering — Proceeds of Crime Act 2002, sections 327, 329 and 330 — Failure of practitioner in the regulated sector to report suspicion of money laundering — No need for prosecutor to prove that there was, in fact, money laundering — Possessing or transferring criminal property — No need for prosecutor to prove the kind or class of criminal conduct from which criminal property derived.
JAMES LOWRIE AND OTHERS v HER MAJESTY’S ADVOCATE
[2010] Lloyd's Rep FC 134
Criminal law — Money laundering — Proceeds of Crime Act 2002, section 327 — Removing or transferring criminal property — Law of concert — Evidence — Proof that property criminal property — Contaminated banknotes not available to defence — Material prejudice.
RED 12 TRADING LIMITED v COMMISSIONERS FOR HER MAJESTY’S REVENUE & CUSTOMS
[2010] Lloyd's Rep FC 145
VAT — Disallowance of input tax — Missing trader intra-community fraud — Fraudulent VAT transactions — VAT and Duties Tribunal upholding Revenue’s decision to disallow — Whether tribunal erred — Taxpayers’ knowledge.
SERIOUS ORGANISED CRIME AGENCY v ATHOS THANOS PELEKANOS
[2010] Lloyd's Rep FC 177
Civil recovery of proceeds of crime — Mortgage fraud — Whether reliance can be inferred.
(1) CAVELL USA, INC (2) KENNETH EDWARD RANDALL v (1) SEATON INSURANCE COMPANY (2) STONEWALL INSURANCE COMPANY
[2010] Lloyd's Rep FC 197
Meaning of fraud in settlement deed — Deceit — Breach of fiduciary duty — Dishonesty — Jurisdiction clauses.
IB v R
[2010] Lloyd's Rep FC 206
Criminal law — Competition law — Council Regulation (EC) No 1/2003 — Whether Enterprise Act 2002, section 188 “national competition law” — Whether the Crown Court has jurisdiction to try a charge under section 188.
HM TREASURY v AHMED AND OTHERS (No 2)
[2010] Lloyd's Rep FC 217
Freezing orders — Terrorism — Human Rights — Al-Qaida and Taliban (United Nations Measures) Order 2006 — Terrorism (United Nations Measures) Order 2006 — United Nations Act 1946, section 1(1) — Ultra vires — Orders in Council — Parliamentary sovereignty.
(1) JAYESH SHAH (2) SHALEETHA MAHABEER v HSBC PRIVATE BANK (UK) LIMITED
[2010] Lloyd's Rep FC 276
Proceeds of crime — Money laundering — Criminal property — Suspicious activity report — Summary judgment — Authorised disclosure — Bank’s suspicion — Damages in respect of delays arising out of disclosures — Bank’s failure to provide information — Breach of contract or duty owed by bank to customer.
R (ON THE APPLICATION OF THE DIRECTOR OF REVENUE AND CUSTOMS PROSECUTIONS) v BIRMINGHAM MAGISTRATES’ COURT, WOOLLEY (INTERESTED PARTY)
[2010] Lloyd's Rep FC 286
Extradition — Rule of Speciality — Abuse of Process — Conspiracy to cheat the public revenue — Sentence — Confiscation order — Default term of imprisonment — Magistrates’ jurisdiction to hear abuse or process arguments — Extradition Act 2003, section 151.
SPECTOR PHOTO GROUP NV AND ANOTHER v COMMISSIE VOOR HET BANK-, FINANCIE- EN ASSURANTIEWEZEN (CBFA)
[2010] Lloyd's Rep FC 295
R v HANCOX AND ANOTHER
[2010] Lloyd's Rep FC 307
R v AFOLABI
[2010] Lloyd's Rep FC 314
NORRIS v GOVERNMENT OF THE UNITED STATES OF AMERICA
[2010] Lloyd's Rep FC 325
R v KAUSAR
[2010] Lloyd's Rep FC 353
RE STANFORD INTERNATIONAL BANK LTD
[2010] Lloyd's Rep FC 357
Cross border insolvency — Foreign main proceedings — Receivership — UNCITRAL — Conflict of laws — Proceeds of Crime — External requests — Restraint orders — Setting aside orders for non-disclosure.
LAMB v REVENUE AND CUSTOMS PROSECUTIONS OFFICE; IN THE MATTER OF PIGOTT; IN THE MATTER OF THE CRIMINAL JUSTICE ACT 1998
[2010] Lloyd's Rep FC 405
Confiscation order — Management receivership order — Jurisdiction — Realisable property — Restraint order — Property included in a confiscation order as realisable property — Appointment of management receiver — Dispute as to beneficial ownership of property — Exercise of discretion — Costs of receivership — Criminal Justice Act 1988, section 77(8).
Revenue and Customs Prosecutions Office (“RCPO”) v C
[2010] Lloyd's Rep FC 417
Money laundering — Proceeds of Crime Act, section 328 — Delay in trial — Application to stay proceedings — Right to a fair trial.
R v GREAVES & OTHERS
[2010] Lloyd's Rep FC 423
Sentencing law — Consecutive sentences — Money laundering — Financial Services and Markets Act 2000.
OLDEN v SERIOUS ORGANISED CRIME AGENCY
[2010] Lloyd's Rep FC 432
Civil recovery — Proceeds of Crime Act 2002, Part 5 — Admissibility of evidence following unlawful arrest — Recoverable property — Identifying unlawful conduct — Tracing property, Proceeds of Crime Act 2002, section 305 — Profits accruing from recoverable property — Proceeds of Crime Act 2002, section 307 — Jurisdiction of the High Court to make order for possession.
MOBILX LTD (IN ADMINISTRATION) v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS v BLUE SPHERE GLOBAL LTD CALLTEL TELECOM LTD AND ANOTHER v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS
[2010] Lloyd's Rep FC 445
VAT — Disallowance of input tax — Missing trader intra-community fraud — Fraudulent VAT transactions — VAT and Duties Tribunal upholding Revenue’s decision to disallow — Taxpayers’ knowledge — Test to be applied.
R v INNOSPEC LTD
[2010] Lloyd's Rep FC 462
Corruption of a foreign government — Plea agreement — Global settlement — Simultaneous US and UK plea agreement — Sentencing — Serious Fraud Office.
R v DOUGALL
[2010] Lloyd's Rep FC 472
Corruption — Organised crime — Pleas — Reduction of sentence — Serious Fraud Office — Suspended sentences.
LARKFIELD LTD v (1) REVENUE AND CUSTOMS PROSECUTION OFFICE (2) BRANDON BARNES (3) RAYMOND GEORGE MAY
[2010] Lloyd's Rep FC 484
Confiscation — Criminal Justice Act 1988, section 74(1) — Appointment of an enforcement receiver — Third party claim of beneficial ownership of property — Principles to be applied in determining beneficial ownership — Sufficiency of evidence.
R v GEORGE, BURNS, BURNETT AND CRAWLEY
[2010] Lloyd's Rep FC 495
Mutual dishonesty — Enterprise Act 2002, section 188 — Statutory interpretation — Price fixing — Anti-competitive agreements — Cartel offence.
BANK MELLAT v HER MAJESTY’S TREASURY
[2010] Lloyd's Rep FC 499
Economic sanctions — Counter-Terrorism Act 2008, Part 5 — The Financial Restrictions (Iran) Order 2009, SI 2009/2725 — Counter-Terrorism Act 2008, section 63 — European Convention on Human Rights and Fundamental Freedoms (ECHR) 1950, Article 6(1) — Standard of disclosure by HM Treasury.
BANK MELLAT v HER MAJESTY’S TREASURY
[2010] Lloyd's Rep FC 504
Economic sanctions — Counter-Terrorism Act 2008, Part 5 — The Financial Restrictions (Iran) Order 2009 SI 2009/2725 — Counter-Terrorism Act 2008, section 63 — European Convention on Human Rights, Article 6(1) — First Protocol to the European Convention on Human Rights, Article 1 — Proportionality.
(1) WINTERFLOOD SECURITIES LTD (2) STEPHEN SOTIRIOU (3) JASON ROBINS v THE FINANCIAL SERVICES AUTHORITY
[2010] Lloyd's Rep FC 514
Financial services — Market abuse — Code of market conduct.
WAQAR BHATTI AND OTHERS v CROYDON MAGISTRATES’ COURT THE COMMISSIONER OF POLICE OF THE METROPOLIS THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
[2010] Lloyd's Rep FC 522
Search warrant — Defective — Failing to specify address to be searched — Seized material to be returned — Police and Criminal Evidence Act 1984, sections 8, 15(1) and 16(5).
R v BOWLES
[2010] Lloyd's Rep FC 530
Forensic accountancy — Fresh evidence — Inferences — Cheating the Revenue — VAT.
R (ON THE APPLICATION OF GLENN & CO (ESSEX) LTD) v COMMISSIONERS OF HER MAJESTY’S REVENUE AND CUSTOMS
[2010] Lloyd's Rep FC 536
Powers of inspection, information and search — Customs and Excise Management Act 1979, section 118C — Finance Act 2008, section 114 — Application for Judicial Review.
R (ON THE APPLICATION OF COOK AND ANOTHER) v SERIOUS ORGANISED CRIME AGENCY
[2010] Lloyd's Rep FC 545
Search warrants — Unlawful execution — Failing to specify address to be searched — Seized material re-seized at police station — Police and Criminal Evidence Act 1984, sections 19(3), 78.
R (ON THE APPLICATION OF CUMMINS) v MANCHESTER CROWN COURT
[2010] Lloyd's Rep FC 551
Search warrants — Unlawfully obtained and executed — Failing to give sufficient indication of nature of investigation — Whether conditions on return of documents can be imposed — Police and Criminal Evidence Act 1984, sections 15(6)(a)(iii), 78 — Proceeds of Crime Act 2002, sections 345, 346 — Supreme Court Act 1981, section 37 — Subsequently re-named Senior Courts Act 1981.
GALE AND OTHERS v SERIOUS ORGANISED CRIME AGENCY
[2010] Lloyd's Rep FC 557
Proceeds of Crime Act 2002, Part 5 — Limitation Act 1980, sections 27A, 32 — Deliberate concealment — European Convention on Human Rights Article 6 — Standard of proof — Relevance of acquittals — Recovery of expenditure on receivers as costs of action.
R v ROLLINS
[2010] Lloyd's Rep FC 585
Financial Services Authority — Financial Services and Markets Act 2000 — Proceeds of Crime Act 2002 — Prosecution of Offences Act 1985 — Private prosecutions — Money laundering.
CAPPER v (1) CHANEY (2) THE COMMISSIONER OF THE POLICE FOR THE METROPOLIS
[2010] Lloyd's Rep FC 593
Proceeds of Crime Act 2002, Part 5 — Detention and forfeiture of cash — Magistrates’ Court — Jurisdiction of High Court to determine ownership — Abuse of process — Proceedings brought for collateral purpose.
R v GEARY
[2010] Lloyd's Rep FC 599
Arrangement facilitating the acquisition, retention, use or control of criminal property — Proceeds of Crime Act 2002, section 328(1) — Appeal against conviction and sentence.
SERIOUS ORGANISED CRIME AGENCY v PERRY AND OTHERS
[2010] Lloyd's Rep FC 606
Proceeds of Crime Act 2002, Part 8 — Disclosure Orders — Disclosure Notices — Jurisdiction — Extra-territorial effect — Presumption against extra-territoriality.
MASSTECH LTD v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS
[2010] Lloyd's Rep FC 621
VAT — Disallowance of input tax — Missing trader intra-community fraud — Taxpayers’ knowledge — Whether taxpayer’s ignorance of MTIC fraud should be taken into account — Test to be applied.
R (ON THE APPLICATION OF M AND OTHERS) v HER MAJESTY’S TREASURY
[2010] Lloyd's Rep FC 644
Financial sanctions — Common foreign and security policy — Restrictive measures against persons and entities with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Regulation (EC) No 881/2002 — Article 2(2) — Scope of prohibition on making funds available to persons listed in Annex I to the Regulation — Social security payments to spouse of a person included in Annex I — Legal certainty — Reference for a preliminary ruling under Article 234 EC.