Restraint, Confiscation & Civil Recovery

“It boasts an excellent reputation for its expertise spanning the full range of financial crime matters.”

Chambers UK 2024

“Counsel at the top of this field, with incredible strength in depth and expertise.”

Legal 500 2023

“One of the premier sets for POCA and asset forfeiture.”

Legal 500 2023

“A premier league set for financial crime.”

Chambers UK 2022

“A distinguished set with expertise in both domestic and cross-border POCA matters.”

Chambers UK 2022

We have expertise across all levels of call in this complex and constantly evolving area of law. Our members have appeared in some of the leading cases in the field.

The Proceeds of Crime Act 2002 gave law enforcement and prosecutorial agencies far-reaching powers to restrain and confiscate money and other assets they believe represent the proceeds of criminal activity.

We regularly act on behalf of the agencies exercising those powers as well as the individuals and corporations subject to them. This may be in the context of criminal confiscation proceedings, which follow a conviction for any crime in which a person secures a benefit. We have the depth and breadth of experience to deal with every aspect of these proceedings, including search and seizure orders and restraint and receivership applications.

In the absence of a relevant criminal conviction, prosecutorial agencies may seek to recover funds by instituting civil recovery proceedings in the High Court. Recovery is contingent upon a finding, on the balance of probabilities, that criminal activity has taken place and that the funds sought to be recovered are the proceeds of such activity. We initiate and defend applications for recovery and deal with any ancillary applications for freezing orders or appointments of interim receivers in order to preserve funds for recovery at the end of proceedings.

We also act for any third parties who find themselves affected by any orders made in the course of confiscation or recovery proceedings.

Simon Farrell QC and Stuart Biggs are co-authors of “The Proceeds of Crime Act 2002” (Butterworths 2003) and Ben Watson is a contributor to “Owen Smith and Bodnar on Asset Recovery: Criminal Confiscation and Civil Recovery” (Butterworths 2004; 2nd Edition 2007).

Find the right barrister

To find the right restraint, confiscation & civil recovery barrister, and to discuss any possible instructions, please contact our clerks on +44 (0)20 7400 6400 or email clerks@3rblaw.com.

R v Guraj (Lodvik) (Supreme Court) [2017] 1 WLR 22

A leading UK case in the Supreme Court regarding whether in confiscation proceedings jurisdiction was lost when there had been excessive delay in the Crown Court.

R v Ali (Salah) [2014] EWCA Crim 1658

Significant case concerning planning enforcement notices and the statutory confiscation regime. The Court of Appeal quashed a confiscation for £1.438 million as rents received prior to enforcement notices were not the proceeds of crime.

R v Ahmad Fields & Others (Supreme Court) [2014] Supreme Court UKSC 2012/0082 & UKSC 2013/0271

Important linked Supreme Court cases regarding whether the proceeds of crime jointly obtained should be apportioned in a multi handed confiscation case.

R v Ghulam, Ghulam & Butt

Court of Appeal case dealing with the protection of third party interests in confiscation proceedings.

SFO v Saleh

The wife of a senior African diplomat said to have received shares in an oil prospecting company pursuant to a corrupt arrangement.

R v Alan Yeomans

Complex confiscation proceedings where both the prosecution and the receiver had an interest in the proceeds of confiscation.

Malabu Oil & Gas Ltd v DPP [2016] Lloyd's Rep. F.C. 108

Acting for a Nigerian Limited Company in a $1bn corruption investigation.

Scott King [2014] 2 Cr. App. R. (S.) 54.

Representing a car salesman in an appeal against confiscation in a leading confiscation case.

Mykola Zlochevsky

SOCA v Robb

Civil recovery order in relation to North Cyprus property fraud.

Restraint, Confiscation & Civil Recovery barristers

King's Counsel

James Lewis KC

Call: 1987 / Silk: 2002

Barrister - James Lewis KC

Hugo Keith KC

Call: 1989 / Silk: 2009

Barrister - Hugo Keith KC

Richard Horwell KC

Call: 1976 / Silk: 2006

Barrister - Richard Horwell KC

Trevor Burke KC

Call: 1981 / Silk: 2001

Barrister - Trevor Burke KC

Michael Bromley-Martin KC

Call: 1979 / Silk: 2002

Barrister - Michael Bromley-Martin KC

Simon Farrell KC

Call: 1983 / Silk: 2003

Barrister - Simon Farrell KC

Patrick Gibbs KC

Call: 1986 / Silk: 2006

Barrister - Patrick Gibbs KC

Helen Malcolm KC

Call: 1986 / Silk: 2006

Barrister - Helen Malcolm KC

John Hardy KC

Call: 1988 / Silk: 2008

Barrister - John Hardy KC

James Hines KC

Call: 1982 / Silk: 2015

Barrister - James Hines KC

Jonathan Ashley-Norman KC

Call: 1989 / Silk: 2016

Barrister - Jonathan Ashley-Norman KC

Alisdair Williamson KC

Call: 1994 / Silk: 2017

Barrister - Alisdair Williamson KC

Richard Wormald KC

Call: 1993 / Silk: 2019

Barrister - Richard Wormald KC

Matthew Butt KC

Call: 2002 / Silk: 2020

Barrister - Matthew Butt KC

William Emlyn Jones KC

Call: 1996 / Silk: 2021

Barrister - William Emlyn Jones KC

Ben Watson KC

Call: 2002 / Silk: 2021

Barrister - Ben Watson KC

Rachel Barnes KC

Call: 2004 / Silk: 2022

Barrister - Rachel Barnes KC

Saba Naqshbandi KC

Call: 1996

Barrister - Saba Naqshbandi KC
Junior Barristers

Neil Saunders

Call: 1983

Barrister - Neil Saunders

Siza Agha

Call: 1994

Barrister - Siza Agha

Ben Summers

Call: 1994

Barrister - Ben Summers

Edmund Gritt

Call: 1997

Barrister - Edmund Gritt

Ailsa Williamson

Call: 1997

Barrister - Ailsa Williamson

Guy Ladenburg

Call: 2000

Barrister - Guy Ladenburg

Nicholas Yeo

Call: 1999

Barrister - Nicholas Yeo

Luke Ponte

Call: 2003

Barrister - Luke Ponte

Rachel Scott

Call: 2004

Barrister - Rachel Scott

Bo-Eun Jung

Call: 2005

Barrister - Bo-Eun Jung

Robert Morris

Call: 2008

Barrister - Robert Morris

Emma Collins

Call: 2008

Barrister - Emma Collins

Patrick Hill

Call: 2010

Barrister - Patrick Hill

John Greany

Call: 2012

Barrister - John Greany

Eva Niculiu

Call: 2013

Barrister - Eva Niculiu

Reka Hollos

Call: 2014

Barrister - Reka Hollos

Rebecca Hadgett

Call: 2015

Barrister - Rebecca Hadgett

Genevieve Woods

Call: 2016

Barrister - Genevieve Woods

Ciju Puthuppally

Call: 2017

Barrister - Ciju Puthuppally

Ryan Dowding

Call: 2017

Barrister - Ryan Dowding

Charles McCombe

Call: 2017

Barrister - Charles McCombe

Jessica Hocking

Call: 2013

Barrister - Jessica Hocking

Ella Crine

Call: 2020

Barrister - Ella Crine

Rosa Bennathan

Call: 2021

Barrister - Rosa Bennathan

Stephen Bailey

Call: 2022

Barrister - Stephen Bailey

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