Current Awareness - selection of recent judgments/publications etc
Economic Crime
12th May
The All-Party Parliamentary Group (APPG) on Anti-Corruption and Responsible Tax and the APPG on Fair Business Banking has published an economic crime manifesto that makes recommendations on transparency, enforcement, accountability and regulation.
https://www.appgbanking.org.uk/wp-content/uploads/2022/05/Economic-Crime-Manifesto-1.pdf
Proceeds of Crime
3rd May
R. v Saroya [2022] EWCA Crim 602
Judgment considers sections 111A(1)(b) and (3) of the Social Security Administration Act 1992 in particular but the confiscation benefit in respect to continuing offences in general.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/602.html
13th April
NCA v Petrosaudi Oil Services (Venezuela) Limited [2022] EWHC 920 (Admin)
The High Court was required to consider: (i) whether the conditions for the grant of a Prohibition Order over the Funds were met?; (ii) whether to order the Funds be paid out of the Court Funds Office [“CFO”] into the hands of a receiver?; and (iii) whether to order exclusions for legal and business expenses?
The Court concluded that (i) a Prohibition Order should be made; (ii) a Receiver should be appointed to hold the Funds which were to be paid out of the CFO; and (iii) a sufficient case for the grant of exclusions for legal and business expenses had not been made out although Petrosaudi could make a further application.
https://www.bailii.org/ew/cases/EWHC/Admin/2022/920.html
1st April
R v Lam [2022] EWCA Crim 448
A judge had erred when imposing a confiscation order following a conviction for the fraudulent evasion of VAT in determining that the defendant was the sole legal and beneficial owner of a property claimed to be the matrimonial home, and that the defendant's wife's "contribution to the family" was irrelevant.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/448.html
30th May
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asset recovery and confiscation
The European Commission has been working on a Directive to improve asset recovery and confiscation. It has published a proposal and there is a feedback period until 26th July.
EC Initiative - https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12725-Fighting-organised-crime-freezing-and-confiscating-the-proceeds-of-crime_en
Proposal - https://cloud.33cllaw.com/index.php/s/Mrq8AIRiPUOVepQ
Jurisdiction
1st April
Abu Dhabi Commercial Bank PJSC v Shetty & others [2022] EWHC 529 (Comm)
Judge determined that Abu Dhabi rather than England & Wales was the appropriate jurisdiction for this $billion claim.
https://www.bailii.org/ew/cases/EWHC/Comm/2022/529.html
Quincecare Duties
12th May
Royal Bank of Scotland International Ltd v JP SPC 4 and another (Isle of Man) [2022] UKPC 18
The Privy Council considered whether a bank’s duty of care extended to third parties who are the beneficial owners of account funds.
“This is not … [an] exceptional case. Bank accounts in which funds are held not for the account holder (the bank’s customer) but for other persons and are designated as such, to the knowledge of the banker, are not at all uncommon. To extend the Alleged Duty of Care to the [Fund] would be more than an incremental development of existing case law; it would be a massive extension with significant consequences for banking law.”
https://www.bailii.org/uk/cases/UKPC/2022/18.html
14th March
Philipp v Barclays Bank UK Plc [2022] EWCA Civ 317
The COA overturned the High Court ruling. It concluded that a fraudulent agent is not necessary in order to trigger a bank's Quincecare duties.
https://www.bailii.org/ew/cases/EWCA/Civ/2022/318.html
Private Prosecution
18th February
R. (Parker) v Teesside Magistrates' Court [2022] EWHC 358 (Admin)
The level of compensation to the Private Prosecutor in these summary proceedings is not necessarily linked to the means of the defendant;
see also Judicial Review
https://www.bailii.org/ew/cases/EWHC/Admin/2022/358.html
Security for Costs
28th April
Kireeva v Bedzhamov [2022] EWHC 1047 (Ch)
Application for security for costs against a Trustee in Bankruptcy (TIB).
https://www.bailii.org/ew/cases/EWHC/Ch/2022/1047.html
26th January
Tulip Trading Ltd v Bitcoin Association for BSV [2022] EWHC 141 (Ch)
The merits of the claim should not be taken into account when determining the level of security. Also, the court did not accept that the security could be paid in the form of crypto assets due to the potential “of a fall in the value of Bitcoin”.
https://www.bailii.org/ew/cases/EWHC/Ch/2022/141.html
Judicial Review/Abuse of Process/Issue Estoppel
11th May
Toogood v Macmillan Cancer Support [2022] EWCA Crim 633
No question of an abuse of process in criminal proceedings to inform prosecution witnesses of the defence case so that they can produce further statements.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/633.html
11th May
King v Kings Solutions Group Ltd [2022] EWHC 1099 (Ch)
Analysis of issue estoppel and abuse of process (differences and overlaps) in civil proceedings.
https://www.bailii.org/ew/cases/EWHC/Ch/2022/1099.html18th February
R. (Parker) v Teesside Magistrates' Court [2022] EWHC 358 (Admin)
The JR does not fail on the back of the unused remedy (case stated) not being used.
See also Private Prosecutions
https://www.bailii.org/ew/cases/EWHC/Admin/2022/358.html
R. v Ahmed, Tariq and Farouq [2021] EWCA Crim 927, [2022] Crim.L.R. 402, CA.
Judgment from last June that has more recently been released. A successful Abuse Argument at the lower court was overturned by the COA. Potentially useful comments on considerations for an abuse determination as well as comments re the framing of disclosure requests.
See also Court of Appeal Criminal Division
https://www.bailii.org/ew/cases/EWCA/Crim/2021/927.html
FCA Regulation
16th February
Gidiplus Ltd v Financial Conduct Authority [2022] UKUT 43 (TCC)
Upper Tribunal upholding FCA decision not to suspend a decision notice (refusing a company’s application to be registered) pending the appeal of that decision notice.
https://www.bailii.org/uk/cases/UKUT/TCC/2022/43.html
Insolvency/Pension Rights
7th March
Bacci v Green [2022] EWHC 486 (Ch)
Bankrupt Defendant was ordered to delegate certain pension rights to Claimants.
https://www.bailii.org/ew/cases/EWHC/Ch/2022/486.html
Extradition
4th May
Badea v Romanian Judicial Authority [2022] EWHC 1025 (Admin)
Extradition case that deals with the inter-relationship of European and domestic law and the principles or proportionality.
https://www.bailii.org/ew/cases/EWHC/Admin/2022/1025.html
Costs
18th March
Re Saka Maka 2 Ltd
Chancery Division determined that the costs of a Return Date hearing should be decided at the time but the costs of the original Without Notice Application would be reserved until the end of the trial as trial issues may affect costs.
Legislation
24th February
Finance Act 2022 (c.3).
https://www.legislation.gov.uk/ukpga/2022/3/enacted
15th March
Economic Crime (Transparency and Enforcement) Act 2022 (c.10)
https://www.legislation.gov.uk/ukpga/2022/10/pdfs/ukpga_20220010_en.pdf
28th April
Judicial Review and Courts Act 2022 (c.35)
Various procedural revisions: Judicial Review; Criminal Procedure; Online Procedure; Employment tribunals and the Employment Appeal Tribunal; Coroners and more.
https://www.legislation.gov.uk/ukpga/2022/35/contents/enacted
28th April
Police, Crime, Sentencing and Courts Act 2022
337 pages of revisions and additions on various issues: Protection of the police; Functions relating to serious violence; Offensive weapons homicide reviews; Extraction of information from electronic devices; Other provisions; Sentencing and release and more.
Schedule 5, Revisions to overseas Production Orders, is one item of note.
https://www.legislation.gov.uk/ukpga/2022/32/contents/enacted
Court of Appeal Criminal Division
21st December 2021
R v AB, CD, EF, GH [2021] EWCA crim 2003
Warnings in respect to judicial indications on sentencing.
https://www.bailii.org/ew/cases/EWCA/Crim/2021/2003.html
16th March
R. v Field [2022] EWCA Crim 316
The COA's limited jurisdiction to reopen final determinations.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/316.html
31st March
White & another v Post Office Ltd [2022] EWCA Crim 435
Considerations for the COA when applicants seek an extension of time.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/435.html
R. v Ahmed, Tariq and Farouq [2021] EWCA Crim 927, [2022] Crim.L.R. 402, CA.
Two co-defendants had previously been considered unfit to plead in advance of the terminatory ruling. They argued on appeal that there was no jurisdiction for the prosecution appeal as they did not face a trial on indictment. The COA ruled that the prosecution did have a right to appeal.
See also Abuse of Process
https://www.bailii.org/ew/cases/EWCA/Crim/2021/927.html
Practice Notes/Directions/Guidelines
26th May
Attorney General’s Guidelines on Disclosure
Published Guidelines on Disclosure in Criminal cases. Effective from 25th July 2022
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1078194/AG_Guidelines_2022_Revision_Publication_Copy.pdf
March 2022
Amendment No. 12 to the Criminal Practice Directions 2015 [2022] EWCA Crim 367
Latest update to Criminal Practice Directions. Useful links here:
https://www.judiciary.uk/wp-content/uploads/2022/03/CrimPD-Amendment-12-Key-Changes.pdf
https://www.judiciary.uk/wp-content/uploads/2022/03/Amendment-No-12.pdf
https://www.judiciary.uk/wp-content/uploads/2022/03/CrimPD-12-CONSOLIDATED-March-2022.pdf
March 2022
Supreme Court and Privy Council Practice Note
The 2020 Covid Practice Notes have been rescinded. This Practice Note should now be followed
https://www.supremecourt.uk/docs/new-practice-note-march-2022.pdf
AML
29th March
Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2022 (SI 2022/393)
Latest list of high-risk countries
https://www.legislation.gov.uk/uksi/2022/393/made
Sanctions
27th April
General Licence: Law Enforcement and Regulatory Authorities Asset Recovery: INT/2022/1679676
Office of Financial Sanctions Implementation (OFSI) has published a Licence permitting relevant Crown and non-Crown organisations to carry out necessary functions without being in breach of Sanctions
Notice
Licence