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BACKHOUSE v HM REVENUE AND CUSTOMS PROSECUTION OFFICE
[2013] Lloyd's Rep FC 1
Confiscation – Tainted gifts – Criminal Justice Act 1988, section 74 – Procedure.
R v RANCE
[2013] Lloyd's Rep FC 6
Proceeds of crime – Conservation area consent – Planning – Demolition – Planning (Listed Buildings and Conservation Areas) Act 1990 – Fines – Means enquiries – Criminal Justice Act 2003, section 164.
BEGUM v WEST MIDLANDS POLICE(BIRMINGHAM MAGISTRATES' COURT, INTERESTED PARTY)
[2013] Lloyd's Rep FC 12
Proceeds of Crime Act 2002, section 298, Part 5 – Cash forfeiture – Use in unlawful conduct.
POTTAGE v FINANCIAL SERVICES AUTHORITY (UBS AG, UBS WEALTH MANAGEMENT (UK) LTD, JEREMY PALMER, INTERESTED PARTIES)
[2013] Lloyd's Rep FC 16
Financial Services – Performance of regulated activities – Conduct – Disciplinary powers – Misconduct – Financial penalty – Whether CEO guilty of misconduct – Financial Services and Markets Act 2000, sections 64 and 66.
PERRY AND OTHERS v SERIOUS ORGANISED CRIME AGENCY PERRY AND OTHERS (NO 2) v SERIOUS ORGANISED CRIME AGENCY
[2013] Lloyd's Rep FC 59
Civil recovery proceedings – Proceeds of crime – Disclosure orders – Property freezing orders – Presumption against extra-territoriality – Property abroad – Strasbourg Convention.
R v VARMA
[2013] Lloyd's Rep FC 89
Proceeds of Crime Act 2002 – Powers of Criminal Courts Sentencing Act – Confiscation orders – Power to make confi scation order where defendant sentenced by way of absolute or conditional discharge.
ZINGA AND ANOTHER v R
[2013] Lloyd's Rep FC 102
Criminal law – Appeal – Appeal against sentence – Appeal against conviction – Private prosecution – Obtaining a warrant on behalf of a private entity – Full and frank disclosure in an ex parte application – Whether a conviction unsafe – Whether sentence manifestly excessive.
R v GILBERT
[2013] Lloyd's Rep FC 109
Fraud Act 2006 – Section 2 – Fraud by false representation – Causation – Jury directions.
CROWN PROSECUTION SERVICE AND ANOTHER v GOHIL AND ANOTHER
[2013] Lloyd's Rep FC 115
Statutory interpretation – Family law – International law – Civil evidence – Criminal evidence – Letters of request – Mutual assistance – Per incuriam.
SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS v POTIWAL
[2013] Lloyd's Rep FC 124
Directors – Fraudulent trading of company – Director's disqualification proceedings – Knowledge of director – Relitigation of issue – Estoppel per rem iudicatum – Abuse of process – Administration of justice – Company Directors Disqualification Act 1986, section 6.
R (RAWLINSON & HUNTER TRUSTEES AND OTHERS) v CENTRAL CRIMINAL COURT AND ANOTHER (VINCENT TCHENGUIZ, INTERESTED PARTY) R (ROBERT TCHENGUIZ AND ANOTHER) v DIRECTOR OF THE SERIOUS FRAUD OFFICE AND OTHERS
[2013] Lloyd's Rep FC 132
Banking and finance – Criminal procedure – Fraud – Warrants – Criminal Justice Act 1987, section 2(4) – Effect of non-disclosure and misstatements within an Information in support of warrant – Arrest – O'Hara – Effect of the Serious Fraud Office wrong information to the arresting officers – Searches – Treatment of privileged material.
R (ROBERT RAWLINSON & HUNTER TRUSTEES AND OTHERS) v CENTRAL CRIMINAL COURT AND ANOTHER (VINCENT TCHENGUIZ, INTERESTED PARTY) R (ROBERT TCHENGUIZ AND ANOTHER) v DIRECTOR OF THE SERIOUS FRAUD OFFICE AND OTHERS
[2013] Lloyd's Rep FC 176
Costs between the parties – Indemnity basis – Search warrants – Duty of disclosure – Serious Fraud Office.
International Section
[2013] Lloyd's Rep FC 181
R v WAYA
[2013] Lloyd's Rep FC 187
Confiscation – Benefit from criminal conduct – Mortgage fraud – Valuation – Human Rights – Proceeds of Crime Act 2002, sections 10, 7, 75, 76, 79, 80, 84 and Part 2 – Human Rights Act 1998, sections 1, 3, 4, 6, 19 – European Convention on Human Rights – Article 1 First Protocol to the European Convention on Human Rights.
KENNY v R
[2013] Lloyd's Rep FC 213
Criminal law – Perverting the course of justice – Breach of restraint order – Proceeds of Crime Act 2002 – Whether breach of a restraint order under the Proceeds of Crime Act 2002 can amount to the offence of perverting the course of justice.
DRUCE v R
[2013] Lloyd's Rep FC 220
Confiscation – Benefit from criminal conduct – Available amount – Admissibility of fresh evidence on appeal – Proceeds of Crime Act 2002 – Sections 7, 8, 9, 77, 81 and Part 2.
SINCLAIR (IN HIS CAPACITY AS ENFORCEMENT RECEIVER OF DHILLON) v DHILLION RE THE DRUG TRAFFICKING ACT 1994
[2013] Lloyd's Rep FC 224
Enforcement receivers – Receiver's costs – Third parties – Confiscation orders – Litigant in person.
EXECUTIVE JET SUPPORT LTD v SERIOUS ORGANISED CRIME AGENCY
[2013] Lloyd's Rep FC 228
Proceeds of crime – Unlawful conduct – Civil recovery of proceeds of unlawful conduct – Forfeiture – Serious Organised Crime Agency.
CROWN PROSECUTION SERVICE v THE EASTENDERS GROUP AND ANOTHER
[2013] Lloyd's Rep FC 235
Restraint order – Appointment of Receiver – Receiver's ability to recover costs where restraint order discharged – Violation of article 1 rights – Proceeds of Crime Act 2002, sections 48 and 49 – Human Rights Act 1998, section 3 – Article 1 Protocol 1 of the European Convention of Human Rights.
GOVERNMENT OF THE UNITED ARAB EMIRATES v ALLEN
[2013] Lloyd's Rep FC 254
Extradition – Dishonour of cheques – Dual criminality – Fraud by false representation – Implied representations – Loans – Security.
LISCOTT v CROWN PROSECUTION SERVICE LAURENCE LAWRENCE (INTERESTED PARTY)
[2013] Lloyd's Rep FC 262
Confiscation – Realisable property – Interested persons – Beneficial interest – Sham transactions – Drug Trafficking Act 1994 – Sections 2, 5, 6, 39, 41 and Part I.
R (ANAND) v HER MAJESTY'S REVENUE AND CUSTOMS
[2013] Lloyd's Rep FC 278
Search warrants - Judicial review - Police and Criminal Evidence Act 1984, section 15 - Warrant drafted broadly and by reference to unspecified offence - Whether unlawful - Whether material non-disclosure - Claim not brought promptly - Derivative material served in evidence - Appropriate forum for challenge.
PCJ VAN DER PIJL AND ANOTHER v CROWN COURT AT KINGSTON (THE COMMISSIONER OF THE METROPOLITIAN POLICE AND THE SECRETARY OF STATE FOR THE HOME DEPARTMENT, INTERESTED PARTIES)
[2013] Lloyd's Rep FC 287
Criminal procedure – Mutual assistance – Search warrants – Validity of search warrant – Whether the term of section 15(6) Police and Criminal Evidence Act 1984 satisfied – Police and Criminal Evidence Act 1984, sections 9, 15, schedule 1 – Crime Justice and Police Act 2001, sections 50, 59 – Crime International Cooperation Act 2003, sections 13, 16 – Criminal Procedure Rules, rule 39.
R (REDCAR CLEVELAND BOROUGH COUNCIL) v DADY AND OTHERS
[2013] Lloyd's Rep FC 300
Fraud – Common law conspiracy – Procedure – Voluntary indictment – Copyright, Designs and Patents Act 1988.
FINANCIAL SERVICES AUTHORITY v SINALOA GOLD PLC AND OTHERS AND BARCLAYS BANK PLC
[2013] Lloyd's Rep FC 305
Injunction – Freezing order – Cross-undertaking in damages – Injunctions obtained by public authorities – FSA injunction obtained against defendants – FSA applying to delete standard cross-undertaking in damages included in injunction in error – Whether court should require cross-undertaking in favour of third parties where FSA exercising law enforcement functions.
JYSKE BANK GIBRALTAR LTD v ADMINISTRACIÓN DEL ESTADO
[2013] Lloyd's Rep FC 316
European Union – Directive 2005/60/EC on money laundering – Article 22 – Obligation to furnish all necessary information – Whether obligation compromises EU law on freedom to provide services – Jyske Bank operating in Spain from a branch in Gibraltar – Spanish authorities suspecting Jyske of being used for money laundering purposes – FIU requesting information concerning the identify of Jyske's customers – Information required for the purpose of combating money laundering and terrorist financing Jyske refusing to provide the information.
ISMAIL v SECRETARY OF STATE FOR THE HOME DEPARTMENT
[2013] Lloyd's Rep FC 329
Foreign judgment – Discretion of Secretary of State to serve foreign judgment on person in UK – Human rights – Judicial review – Article 6.
SHEA v WINCHESTER CROWN COURT AND CROWN PROSECUTION SERVICE (INTERESTED PARTY)
[2013] Lloyd's Rep FC 346
Bail Act 1976 – Bail – Conditional bail – Adult defendants – Surety – Risk of re-offending – Bind-over.
SECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLS v CHOHAN AND OTHERS
[2013] Lloyd's Rep FC 351
Company law – Banking and finance – Directors – Directors disqualification proceedings – De facto directors – Shadow directors – Financial services – Collective Investment Schemes – Company Directors Disqualification Act 1986, sections 6, 7(2)(a) and 22(5) – Financial Services And Markets Act 2000, section 235.
7722656 CANADA INC (FORMERLY CARRYING ON BUSINESS AS SWIFT TRADE INC) AND PETER BECK (THIRD PARTY) v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep FC 381
Market abuse – Financial Services and Markets Act 2000 – Qualifying investment – Meaning of market abuse – Jurisdiction – Penalty.
R v JOFFE; R v STROMER
[2013] Lloyd's Rep FC 407
FEDERATION OF LAW SOCIETIES OF CANADA v CANADA (ATTORNEY GENERAL)
[2013] Lloyd's Rep FC 411
SECURITIES AND EXCHANGE COMMISSION v STRAUB; SECURITIES AND EXCHANGE COMMISSION v SHAREF AND OTHERS
[2013] Lloyd's Rep FC 414
R v KALLAKIS AND ANOTHER R v LEVENE
[2013] Lloyd's Rep FC 417
Sentencing for conspiracy to defraud – Sentencing guidelines – Power to impose consecutive sentences – Lack of loss as mitigation – Criminal Justice Act 2003, section 142.
R v HARVEY
[2013] Lloyd's Rep FC 439
Post-conviction confiscation orders – Legitimate income – Proceeds of Crime Act 2002 – Criminal lifestyle – Assessment of benefit – Tax – VAT – Companies Act 2006.
R v LEE AND ANOTHER
[2013] Lloyd's Rep FC 453
Post-conviction confiscation orders – Money laundering – Legitimate income – Proceeds of crime – Assessment of benefit – Mortgage – Criminal lifestyle.
HOBBS v FINANCIAL SERVICES AUTHORITY
[2013] Lloyd's Rep FC 460
Financial regulation – Banking and finance – Financial services – Market abuse – Market manipulation – LIFFE trading – Accepted market practice – Intention of Trader Prohibition Order – Financial Services And Markets Act 2000, sections 56, 118, 118(5), 118(5)(a), 118(5)(b) and 123.
R v SALE
[2013] Lloyd's Rep FC 495
Confiscation orders – Piercing the corporate veil – Proceeds of Crime Act 2002, section 76 – Proportionality.
FINANCIAL CONDUCT AUTHORITY (FORMERLY THE FINANCIAL SERVICES AUTHORITY) v HOBBS
[2013] Lloyd's Rep FC 504
Financial regulation – Civil procedure – Administration of justice – Banking and finance – Financial Services – Market abuse – Market manipulation – LIFFE trading – Accepted market practice – Intention of trader – Fit and proper person – Prohibition order – Notice of discontinuance – Reasons – Financial Services and Markets Act 2000, sections 56, 57, 118(5), 118(5)(a), 118(5)(b), 123 and 389 – Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001.
SERIOUS ORGANISED CRIME AGENCY v AZAM
[2013] Lloyd's Rep FC 513
Civil recovery – Property freezing order – Variation of property freezing order to allow payment of legal expenses – Whether court could be satisfied that the respondent had other property from which he could meet legal expenses – Burden of proof – Inference that the respondent had substantial undisclosed resources – Proceeds of Crime Act 2002, sections 233(1), 245A and 245C – Civil Recovery Proceedings Practice Direction, para 5B.1.
PATEL v MIRZA
[2013] Lloyd's Rep FC 525
Agency – Spread-betting – Insider dealing – Illegality – Criminal Justice Act 1993, section 59.
TCHENGUIZ AND OTHERS v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2013] Lloyd's Rep FC 535
Judicial review – Search warrants – Warrants quashed – Admission of liability – Damages claim for trespass to land – Defences – Withdrawal of admission – Cause of action estoppel – Issue estoppel.
BANK MELLAT v HER MAJESTY'S TREASURY (NO 1)
[2013] Lloyd's Rep FC 557
Financial Restrictions Order – Counter-Terrorism Act 2008, Part 5 and Schedule 7 – Financial Restrictions (Iran) Order SI 2009/2725 – Proliferation financing – Constitutional Reform Act 2005, section 40 – Supreme Court Rules, rules 27 and 29 – Closed material procedures – Open justice – Parliamentary intent.
BANK MELLAT v HER MAJESTY'S TREASURY (NO 2)
[2013] Lloyd's Rep FC 580
Financial Restrictions Order – Counter-Terrorism Act 2008, Part 5 and Schedule 7 – Financial Restrictions (Iran) Order SI 2009/2725 – Proliferation financing – Constitutional Reform Act 2005, section 40 – Supreme Court Rules, rules 27 and 29 – Closed material procedures – Open justice – Parliamentary intent.
JETIVIA SA AND ANOTHER v BILTA (UK) LTD (IN LIQUIDATION) AND OTHERS
[2013] Lloyd's Rep FC 620
Company – Insolvency – Claim against directors – VAT fraud – Conspiracy – Dishonest assistance – Fraud of directors against company – Ex turpi causa – Fraudulent trading – Jurisdiction – Summary judgment – Striking out – Insolvency Act 1986, sections 213 and 238 – Companies Act 2006, sections 172 and 239.
DIRECTOR OF PUBLIC PROSECUTIONS (CTH) v JM
[2013] Lloyd's Rep FC 645
R v JEFFRIES AND OTHERS
[2013] Lloyd's Rep FC 649
UNITED STATES OF AMERICA v WALSH
[2013] Lloyd's Rep FC 652
R v MORGAN
[2013] Lloyd's Rep FC 655
Confiscation orders – Unlawful disposal of waste – Calculation of “benefit” – Whether confiscation order disproportionate.
R v CHAPMAN
[2013] Lloyd's Rep FC 683
Proceeds of crime – Confiscation – Assessment – Benefit from criminal conduct – Procedure – Change in law – Appeal on basis of change of law – Extensions of time – Finality – Mortgage fraud – Permission to appeal. – Proceeds of Crime Act 2002, sections 7, 22, 76(4), 78(1) – Criminal Procedure Rules 2012 65.3 and 68.3(b).
R (BREDENKAMP) v SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS
[2013] Lloyd's Rep FC 690
International economic sanctions – Regulation EC 314/2004 – Financial restrictions against the Mugabe regime in Zimbabwe – Judicial review – Disclosure and requests for further information.