Penelope Small

Penelope Small regularly appears in both the High Court and Crown Courts across the country where she represents the interests of the Prosecution, Defendants and Third Parties in proceedings relating to the restraint or realisation of assets both before and after criminal convictions and during civil restraint and recovery proceedings.

Her practice also covers advising individuals, companies and solicitors’ firms who find themselves caught up in civil or criminal investigations and includes parties who have been served with statutory or court ordered requests for disclosure of information and or those who have become named in freezing and restraint orders.

Her cases frequently involve confiscation issues arising from criminal proceedings and complicated receivership issues. She has successfully defended clients facing multi-million confiscation orders. She represented the appellant in the case of R v O’Donoghue the leading case on applications for Certificates of Inadequacy where a hidden asset finding has been made at the original confiscation hearing. Penelope represented the Prosecution in the first successful application in the North East under the provisions of section 15 of the Drug Trafficking Act 1994. She has also dealt with applications to stay the enforcement of outstanding confiscation orders on the grounds of delay or inactivity.

Miss Small is regularly instructed by both BIS and the Serious Fraud Office. She has regularly represented wives and/or partners who seek to preserve from the court assets from former marriages/ relationships from the statutory forfeiture regimes currently operating in this jurisdiction. She regularly lectures on proceeds of crime issues.

Notable Cases

  • R v C [2011] Successfully resisted a prosecution application for the appointment of an enforcement receiver over 50% of a former matrimonial home where wife had actually paid off outstanding mortgage from her own funds but the property was in joint names.
  • R V K and others [2011-to date] – Instructed by SFO as restraint counsel in a case involving multiple defendants’ and assets both within and outside the jurisdiction held in purported trust structure.
  • Re P [2011] –Represented an International Art Dealer on a direct access basis; securing the return of artwork stolen from him four years before instruction.
  • R v Johnson [2011-to date] – Representing defendant in multi million pound confiscation proceedings, including High Court application to judicially review decision of Magistrates’ Court to commit the Defendant for non payment [ Final Hearing due in 2012]
  • McHugh & McHugh [2011] – Represented the Prosecution in ancillary relief and conjoined enforcement receiver proceedings at the High Court. Secured the preservation all the matrimonial assets for confiscation.
  • Re B [2011] – Represented Defendant in multi million VAT fraud facing contempt proceedings for breach of the Crown Court Restraint Order.
  • Re L Ltd [2011] – Represented a large corporation securing the successful release from a Proceeds of Crime Act 2002 Restraint Order significant property thus enabling the firm to obtain civil recovery.

 Ground Breaking Cases

  • R v Rouse [2003] Represented the prosecution in the first successful application in the North East under the provisions of section 15 of the Drug Trafficking Act 1994.
  • R v O’Donoghue [2004] EWCA Civ 1800 Appeared on behalf of the appellant before the Court of Appeal Civil Division in the leading case relating to certificates of inadequacy where a hidden asset finding has been made by the Crown Court at the confiscation hearing.