- Home/Publications/LLR: Financial Crime
PARCHETUL DE PE LÂNGA˘ TRIBUNALUL BRAS¸OV v LG AND MH AGENT¸IA NAT¸IONALA˘ DE ADMINISTRARE FISCALA˘ – DIRECT¸IA GENERALA˘ REGIONALA˘ A FINANT¸ELOR PUBLICE BRAS¸OV, INTERVENER
[2022] Lloyd's Rep FC 1
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Directive 2005/60/EC – Offence of money laundering – Laundering by the perpetrator of the predicate offence (“self-laundering”).
R (CAO) v CENTRAL CRIMINAL COURT COMMISSIONER OF POLICE FOR THE METROPOLIS, INTERESTED PARTY
[2022] Lloyd's Rep FC 23
Cash forfeiture – Proceeds of Crime Act 2002 – Sufficiency of evidence – R v Anwoir [2008] Lloyd's Rep FC 554 – Section 340(2) single criminality test.
R (TM EYE LTD) v THE CROWN COURT AT SOUTHAMPTON, CLARE PETERS, FIRST INTERESTED PARTY, THE LORD CHANCELLOR, SECOND INTERESTED PARTY
[2022] Lloyd's Rep FC 30
Costs – Private prosecution – Central funds – Fees – Prosecution of Offences Act 1985, section 17.
THOMPSON v INFORMATICA SOFTWARE LTD
[2022] Lloyd's Rep FC 42
Anti-corruption – Internal policy – Unfair dismissal – Perverse decisions to dismiss.
CROWN PROSECUTION SERVICE v AQUILA ADVISORY LTD
[2022] Lloyd's Rep FC 61
Directors in breach of fiduciary duty – Confiscation orders – Fraud – Constructive trusts – Proprietary rights – Illegality – Remedies – Secret profits – Proceeds of Crime Act 2002.
AVAAZ FOUNDATION v THE SCOTTISH MINISTERS AND OTHERS
[2022] Lloyd's Rep FC 77
Unexplained wealth orders (UWOs) – Interim freezing orders – Proceeds of Crime Act 2002, sections 362A to 362R – Politically exposed persons (PEPs) – Obligation to seek UWO in fulfilment of international obligations – Judicial review – Time limits – Court of Session – Court of Session Act 1988, section 27A.
AVAAZ FOUNDATIONFOR JUDICIAL REVIEW OF THE SCOTTISH MINISTERS’ UNLAWFUL POLICY OF DELEGATING RESPONSIBILITY FOR UNEXPLAINED WEALTH ORDERS
[2022] Lloyd's Rep FC 84
Unexplained wealth orders (UWOs) – Interim freezing orders – Proceeds of Crime Act 2002, sections 362A to 362R – Politically exposed persons (PEPs) – Obligation to seek UWO in fulfilment of international obligations – Judicial review – Scotland Act 1998 – European Union (Future Relationship) Act 2020.
R v WARING
[2022] Lloyd's Rep FC 102
Confiscation orders – Tainted gifts – Proportionality – Proceeds of Crime Act 2002, sections 6, 9, 77 and 78.
SERIOUS FRAUD OFFICE AND OTHERS v LITIGATION CAPITAL LTD AND OTHERS
[2022] Lloyd's Rep FC 109
Fraud – Realisable property – Proprietary interests – Costs orders – Settlement – Joint liquidators.
AKLE AND ANOTHER v R
[2022] Lloyd's Rep FC 125
Abuse of process – Disclosure – Application to exclude a co-defendant's guilty plea – Police and Criminal Evidence Act 1984, section 78 – Police and Criminal Evidence Act 1984, section 74 – Application for retrial – Criminal Appeal Act 1968, section 7(1).
DIRECTOR OF PUBLIC PROSECUTIONS v BRIEDIS AND ANOTHER
[2022] Lloyd's Rep FC 145
Proceeds of Crime – Property freezing orders – Restraint orders – Cryptocurrency – Public hearings.
R (CHIEF CONSTABLE OF LANCASHIRE CONSTABULARY) v THE CROWN COURT SITTING AT PRESTON AND MALIN (INTERESTED PARTY)
[2022] Lloyd's Rep FC 150
Proceeds of Crime – Property freezing orders – Restraint orders – Cryptocurrency – Public hearings.
R (THE FINANCIAL CONDUCT AUTHORITY) v NATIONAL WESTMINSTER BANK PLC
[2022] Lloyd's Rep FC 157
Money laundering – Money Laundering Regulations 2007 (SI 2007 No 2157) – Customer due diligence – Ongoing monitoring – Failure to comply – Sentence.
BLOOMBERG LP v ZXC
[2022] Lloyd's Rep FC 175
Privacy – Reputation – Media – Freedom of expression – Criminal investigation – Rights of suspects.
R v HUNTER AND ANOTHER
[2022] Lloyd's Rep FC 200
Companies Act 2006 – Fraud Act 2006 – Ticket touting – Consumer protection – National Trading Standards – Dishonest and fraudulent – Fraudulent purpose.
RE JD GROUP LTD, HALL (AS LIQUIDATOR OF JD GROUP LTD) v BHATIA
[2022] Lloyd's Rep FC 232
Insolvency – Claim for contribution by director – Knowledge – Dishonesty – Degree of knowledge – Directors’ duties – Breach of duty – Contribution to company assets – Quantification of loss – Insolvency Act 1986, sections 212, 213.
A v AUTORITÉ DES MARCHÉS FINANCIERS (AMF)
[2022] Lloyd's Rep FC 261
Preliminary ruling – Single market for financial services – Market abuse – Inside information – Information of a precise nature – Press article reporting a market rumour – Disclosure of inside information for the purpose of journalism – Directives 2003/6/EC and 2003/124/EC – Regulation (EU) No 596/2014, articles 10, 21.
PHILIPP v BARCLAYS BANK UK PLC
[2022] Lloyd's Rep FC 276
APP fraud – Bank – Duty of care – Bank – customer relationship – Strike out – Summary judgments.
NATIONAL CRIME AGENCY v JAVANSHIR AND OTHERS
[2022] Lloyd's Rep FC 293
Account freezing orders – Forfeiture orders – Dual criminality test – Recoverable property – Obtaining property “by or in return for” unlawful conduct.
EUROPEAN COMMISSION v UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
[2022] Lloyd's Rep FC 337
European Union law – Enforcement action – Effectiveness of steps to combat customs fraud – Effectiveness of steps to combat VAT fraud – Failure to render “traditional own resources” to European Union – Quantification of loss of “traditional own resources” – Treaty on European Union (“TEU”), article 4(3) – Treaty on the Functioning of the European Union (“TFEU”), articles 258, 310(6) and 325 – Council Regulation (EU, Euratom) No 608/2014 of 26 May 2014, article 2(2) and (3)(d), laying down implementing measures for the system of own resources of the European Union [2014] OJ L168/29.
PUGSLEY AND ANOTHER v DIRECTOR OF PUBLIC PROSECUTIONS, OXFORD MAGISTRATES’ COURT (INTERESTED PARTY)
[2022] Lloyd's Rep FC 406
Magistrates’ Court Act 1980 – Value Added Tax Act 1994, section 83A and 83F – Stay of prosecution – Abuse of process – Case stated – HMRC Notice – Independent review – Extension of time.
BPOST SA v AUTORITÉ BELGE DE LA CONCURRENCE (INTERVENING PARTIES: PUBLIMAIL SA, EUROPEAN COMMISSION)
[2022] Lloyd's Rep FC 415
Competition proceedings – Non bis in idem – EU Charter of Fundamental Rights, article 50.
BUNDESWETTBEWERBSBEHÖRDE v NORDZUCKER AG AND OTHERS
[2022] Lloyd's Rep FC 430
Competition proceedings – Non bis in idem – EU Charter of Fundamental Rights, article 50.
MACMILLAN CANCER SUPPORT v TOOGOOD
[2022] Lloyd's Rep FC 463
Private prosecution – Fraud – Theft – Judicial comment – Defence statements – Abuse of process.
R v SHIRLEY AND ANOTHER
[2022] Lloyd's Rep FC 473
Appeal – Serious Crime Prevention Order – Serious Crime Act 2007, section 24 – Criminal organisation – Authorisation – Delegation of power – Director of Public Prosecution.
NATIONAL CRIME AGENCY v PETROSAUDI OIL SERVICES (VENEZUELA) LTD
[2022] Lloyd's Rep FC 483
Proceeds of crime – Prohibition orders – Relevant property – External request – Discretion – Exclusions for legal and business expenses.
HEILLIGGER v WESTMINSTER MAGISTRATES’ COURT AND COMMISSIONER OF POLICE OF THE METROPOLIS
[2022] Lloyd's Rep FC 502
Unlawful seizure of property – Warrant for seizure of property following a request for mutual legal assistance – Applicability of section 59 of the Police and Criminal Evidence Act 1984 to foreign cases – Factors relevant to the grant of relief.
R v BECKER
[2022] Lloyd's Rep FC 513
Bankruptcy offences – Insolvency Act 1986 – Failure to disclose – Removal of property – Sentence.
R v LUCKHURST
[2022] Lloyd's Rep FC 519
Restraint order – Exceptions for reasonable expenses – Variation for legal expenses in connected civil proceedings – Whether precluded as related to criminal offence giving rise to restraint order – Proceeds of Crime Act 2002 (c 29), section 41.
OIL STATES INDUSTRIES (UK) LTD v S LTD AND OTHERS
[2022] Lloyd's Rep FC 529
Bribery – Procurement – Construction Contracts – Mens rea – Fiduciary duty – Vicarious liability – Evidence – Adverse inferences for not calling a witness – Anonymisation of judgment.
VLADIMIR CONSULTING LTD v FINANCIAL CONDUCT AUTHORITY
[2022] Lloyd's Rep FC 549
Financial regulation – Cryptocurrency exchanges – Money laundering – Financial Conduct Authority – Regulatory requirements – Registration – Referral of Decision Notice to Upper Tribunal – Interim relief – Suspension of Effect of Decision Notice – Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017 No 692) – Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008 No 2698 (L 15)).
R (DUROJAIYE) v CROWN COURT AT CROYDON, CHIEF CONSTABLE OF KENT POLICE (INTERESTED PARTY)
[2022] Lloyd's Rep FC 567
Search warrants – Duty of candour – Material non-disclosure – Relief.
THE FEDERAL REPUBLIC OF NIGERIA v JPMORGAN CHASE BANK NA
[2022] Lloyd's Rep FC 575
Quincecare duty – Fraud – Banks – Corruption – AML.
R (DAS UK HOLDINGS LTD) v ASPLIN AND OTHERS
[2022] Lloyd's Rep FC 658
Costs – Legal Aid Agency – Disbursements – Sufficient compensation.