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LLR: Financial Crime RSS feed

SCHOLTZ AND OTHERS v THE STATE

Corruption under sections 3 and 4 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 – Offence committed even if gratification paid after the event – Sentencing in respect of an offence of corruption.

[2019] Lloyd's Rep. FC 1

R v GIMBERT

Theft of land – Theft Act 1968 – Power of attorney – Validity.

[2019] Lloyd's Rep. FC 87

LONSDALE v NATIONAL WESTMINSTER BANK PLC

Summary judgment – Strike out – Data Protection Act – Disclosure – Defamation – Fraud – Proceeds of Crime – Whether claims by customer with frozen accounts susceptible to strike out or summary judgment – Whether customer entitled to summary judgment for breach of contract – Whether customer of bank entitled to summary judgment on customer's claim under Data Protection Act 1998 – Whether defamation claim by customer precluded by privilege – Whether customer entitled to inspection of suspicious activity reports (“SRAs”).

[2019] Lloyd's Rep. FC 94

AHMED v CROWN PROSECUTION SERVICE

Confiscation – Criminal Justice Act 1988 – Receivership – Realisable property – Pension policies.

[2019] Lloyd's Rep. FC 149

BENNETT v THE CHIEF CONSTABLE OF MERSEYSIDE POLICE

Proceeds of crime – Forfeiture – Costs – Proceeds of Crime Act 2002, section 298 – Cash – No Order as to Costs – Magistrates’ Court Act 1980, section 64(1) – Courts Act 1971, section 52(3)(b) – Totally without merit.

[2019] Lloyd's Rep. FC 174

SOTHEBY’S v MARK WEISS LTD AND OTHERS

Disclosure – Inspection – Legal professional privilege – Litigation privilege – Dual purpose – Dominant purpose – CPR 31.19.

[2019] Lloyd's Rep. FC 191

R v GODIR

Mens rea – Knowingly – Recklessness – Jury directions – Tax Credits Act 2002, section 35 – Taxes Management Act 1970, section 106A.

[2019] Lloyd's Rep. FC 207

R v BUSH AND ANOTHER

Fraud – False accounting – Prosecution appeal.

[2019] Lloyd's Rep. FC 210

GILANI v SADDIQ AND OTHERS

Civil Procedure Rules, r 31.22 – Use of documents disclosed in civil proceedings in criminal proceedings – Permission – Proper purpose – Public interest – Fraud – Private prosecution.

[2019] Lloyd's Rep. FC 251

R v FULTON

Criminal benefit – Disguise, convert or transfer criminal property – Conspiracy – Money laundering – Proportionality – Proceeds of Crime Act 2002, sections 6, 76 and 84.

[2019] Lloyd's Rep. FC 263

R v D

Council tax – Fraud by non-disclosure – Legal duty to disclose information – Terminating rulings.

[2019] Lloyd's Rep. FC 276

SERIOUS FRAUD OFFICE v TESCO STORES LTD

Crime and Courts Act 2013, section 45 and Schedule 17 – Deferred Prosecution Agreement (“DPA”) Code of Practice 2016 – Theft Act 1968, section 17.

[2019] Lloyd's Rep. FC 283

R v THAYAPARAN AND OTHERS

Proceeds of Crime Act 2002 (“POCA”) – Confiscation – Criminal property – Beneficial ownership – Assumptions.

[2019] Lloyd's Rep. FC 369

R v DRUZYC

Appeal – Substituting offence – Indictment – Insolvency Act 1986, sections 206 and 207.

[2019] Lloyd's Rep. FC 375

RE SOMAIA

Costs – Central funds – Private prosecution – Enforcement – Statutory interpretation – Criminal Justice Act 1988, sections 71, 80 and 82 – Prosecution of Offences Act 1985, section 17.

[2019] Lloyd's Rep. FC 393

N v ROYAL BANK OF SCOTLAND

Banking – Bank accounts – Freezing of accounts – Termination of relationship – Money laundering – Proceeds of Crime Act 2002, section 338(4A)

[2019] Lloyd's Rep. FC 405

R v PANAYI

Crime – Sentence – Confiscation orders – Basis of conviction – Benefit from criminal conduct – Planning control – Enforcement notices – Non-compliance – Property income – Town and Country Planning Act 1990 (c 8), section 179(6) (as substituted by Planning and Compensation Act 1991 (c 34) Part I, sections 8, 21) – Proceeds of Crime Act 2002 (c 29), section 76(3)(4).

[2019] Lloyd's Rep. FC 443

R v ALSTOM NETWORK UK LTD

Companies – Directing mind and will – Directors – Abuse of process.

[2019] Lloyd's Rep. FC 451

R v HAQUE

Money laundering – Proceeds of Crime Act 2002 – Criminal property – “Acquisition” meaning – Retention, use or possession of criminal property – Section 329 creating three offences – Erroneous charge – Substitution of a conviction.

[2019] Lloyd's Rep. FC 469

SERIOUS FRAUD OFFICE v SERCO GEOGRAFIX LTD

Deferred Prosecution Agreement (“DPA”) – Interests of justice – Self-reporting – Debarment – Privilege – Dormant company – Role of parent companies.

[2019] Lloyd's Rep. FC 518