High Court delivers first judgment considering the requirements for making an Account Forfeiture Order

On 23rd March 2023, the High Court handed down the first judgment to consider the requirements for making an Account Forfeiture Order under section 303Z14 of the Proceeds of Crime Act 2002.

The Claimant, Fresh View Swift Properties Limited, sought judicial review of an order for forfeiture of £67,372.51. The Claimant had used the services of an unregistered money service business to transfer funds from Nigeria to the UK. Mostyn J held that monies obtained by a person acting as an unregistered MSB are recoverable property, having been obtained by their ‘unlawful conduct’ in acting as such. He concluded that forfeiture of those funds in the hands of a customer who was on (constructive) notice that the business was unregistered did not amount to a disproportionate interference with their rights under A1P1 of the ECHR.

The full judgment can be found here.

Nicholas Yeo appeared for the Claimant.

Ryan Dowding appeared alone before the District Judge and was led by Kennedy Talbot KC in the High Court.

28th March 2023