18th August 2022
Supreme Court Judgment handed down in R v Andrewes
Jonathan Ashley-Norman KC appeared on behalf of the Respondent before the Supreme Court on Wednesday 22 June in the...
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).
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.
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.
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.
Important linked Supreme Court cases regarding whether the proceeds of crime jointly obtained should be apportioned in a multi handed confiscation case.
Court of Appeal case dealing with the protection of third party interests in confiscation proceedings.
The wife of a senior African diplomat said to have received shares in an oil prospecting company pursuant to a corrupt arrangement.
Complex confiscation proceedings where both the prosecution and the receiver had an interest in the proceeds of confiscation.
Acting for a Nigerian Limited Company in a $1bn corruption investigation.
Representing a car salesman in an appeal against confiscation in a leading confiscation case.
Civil recovery order in relation to North Cyprus property fraud.
| Address | 3 Raymond Buildings, Gray’s Inn, London WC1R 5BH |
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| DX | 237 LDE |
| Opening hours | 08:30 – 18:30 |
| Telephone | +44 (0)20 7400 6400 |
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| clerks@3rblaw.com | |
| Senior clerk | Restraint, Confiscation & Civil Recovery |
