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KOMISIA ZA PROTIVODEYSTVIE NA KORUPTSIYATA I ZA OTNEMANE NA NEZAKONNO PRIDOBITOTO IMUSHTESTVO v BP AND OTHERS CORPORATE COMMERCIAL BANK, IN LIQUIDATION

[2021] Lloyd's Rep. FC 1

Proceeds of Crime – Asset recovery – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Proceedings for the confiscation of illegally obtained assets in the absence of a criminal conviction – Directive 2014/42/EU – Scope – Framework Decision 2005/212/JHA.

MIRCHANDANI v THE LORD CHANCELLOR

[2021] Lloyd's Rep. FC 11

Costs – Private prosecutions – Prosecution of Offences Act 1985, section 17 – Award of prosecution costs from central funds in proceedings “in respect of an indictable offence” – Civil proceedings for the enforcement of a confiscation order obtained under the Criminal Justice Act 1988 – Whether jurisdiction to make costs order.

R v BEVAN

[2021] Lloyd's Rep. FC 32

Proceeds of Crime Act 2002 – Confiscation proceedings – Appeal against determination of extent of a defendant's interest in property, section 31(4) – Determining extent of interest, section 10A – Third party rights – Equitable interests – Tainted gifts.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v AIRLINE SERVICES LTD

[2021] Lloyd's Rep. FC 42

Deferred Prosecution Agreement – Corruption – Bribery Act 2010 – Failure to prevent bribery – Adequate procedures – Agent – Conflict of interest – Internal investigation – Self-reporting – Cooperation.

R v LUCKHURST AND GOLDING (INTERVENOR)

[2021] Lloyd's Rep. FC 53

Restraint order – Restraint – Variation – Living expenses – Legal expenses – Fees – Unsecured creditor – Proceeds of Crime Act 2002, section 41.

R v FERATI

[2021] Lloyd's Rep. FC 69

Fraudulent evasion of tax – Under-declaration of business profits – Relevance of quantum of under-declaration – Privilege against self-incrimination – Relevance to credibility of failure voluntarily to disclose documents.

FORTE AND VALE v R

[2021] Lloyd's Rep. FC 74

Confiscation orders – Divorce – Standard of proof – Beneficial ownership – Adverse inferences.

BERMINGHAM AND PALOMBO v R

[2021] Lloyd's Rep. FC 88

Appeal again conviction – Euribor manipulation – Jury misconduct – Bias – Special knowledge – Jury direction re the “proper basis” for Euribor submissions – Decisions per incuriam – Conspiracy to defraud – Legal certainty unlawfulness – Legal certainty dishonesty – recklessness as to economic prejudice – Extension of time.

DB v COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB), INTERVENING PARTIES: PRESIDENTE DEL CONSIGLIO DEI MINISTRI

[2021] Lloyd's Rep. FC 109

Market abuse – Failure to cooperate with competent authorities – Right to remain silent.

DB v COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA (CONSOB), INTERVENER IN THE MAIN PROCEEDINGS: PRESIDENZA DEI CONSIGLIO DEI MINISTRI

[2021] Lloyd's Rep. FC 123

Market abuse – Failure to cooperate with competent authorities – Right to remain silent.

ASHBOLT AND ANOTHER v HER MAJESTY'S REVENUE AND CUSTOMS AND ANOTHER

[2021] Lloyd's Rep. FC 143

Tax avoidance – Fraud – Judicial review – HMRC – Lawfulness of search and seizure warrants – Whether reasonable grounds for obtaining search warrants – Police and Criminal Evidence Act 1984, section 9, Schedule 1.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v AIRBUS SE

[2021] Lloyd's Rep. FC 159

Airbus – Bribery – Bribery Act 2010 – Corruption – Deferred Prosecution Agreement (“DPA”) – Extraterritorial – Failure to Prevent – Financial Markets – Self Reporting – Serious Fraud Office (“SFO”).

SPORTS DIRECT INTERNATIONAL PLC v FINANCIAL REPORTING COUNCIL

[2021] Lloyd's Rep. FC 181

Legal professional privilege (“LPP”) – Financial Reporting Council (“FRC”) – Power to require provision of information – Disclosure – Statutory Auditors and Third Country Auditors Regulations 2016 (SI 2016 No 649) (“SATCAR”) – Audit Enforcement Procedure (“AEP”).

R (LONDON BOROUGH OF HARINGEY) v ROTH

[2021] Lloyd's Rep. FC 197

Breach of Planning Enforcement Notice – Confiscation proceedings – Statutory offences – Benefit from criminal conduct – Credit for guilty plea – Town and County Planning Act 1990, section 179 – Form of summons.

NATIONAL CRIME AGENCY v AZIZ AND OTHERS

[2021] Lloyd's Rep. FC 207

Proceeds of crime – Mutual legal assistance – Prohibition orders – Forfeiture – Recovery of misappropriated funds – Property acquired with misappropriated funds – Suspicious activity reports – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181), article 141A.

R (KBR INC) v DIRECTOR OF THE SERIOUS FRAUD OFFICE

[2021] Lloyd's Rep. FC 229

Criminal Justice Act 1987, section 2 – Extra-territoriality – Investigative powers.

R v LOWTHER AND OTHERS

[2021] Lloyd's Rep. FC 244

Appeal – Confiscation – Proceeds of Crime Act 2002, section 10 – Criminal lifestyle assumptions.

OM v OKRAZHNA PROKURATURA – HASKOVO, APELATIVNA PROKURATURA – PLOVDIV

[2021] Lloyd's Rep. FC 258

EU law – Preliminary ruling – Instrumentalities of crime – Third party rights – EU Charter of Fundamental Rights, article 47.

R (THE ENVIRONMENT AGENCY) v RYDER AND ANOTHER

[2021] Lloyd's Rep. FC 267

Appeal – Confiscation – Proceeds of Crime Act 2002 – Pecuniary advantage – Jurisdiction – Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675), regulations 12(1)(a) and 38(1)(a).

COLLINS v DIRECTOR OF PUBLIC PROSECUTIONS

[2021] Lloyd's Rep. FC 277

Proceeds of crime – Confiscation proceedings – Hidden assets order – Co-defendants – Article 1 Protocol 1, ECHR – Proportionality – Joint liability – Default terms – Warrants of commitment – Proceeds of Crime Act 2002 – Statutory purpose.

MENG v HSBC BANK PLC AND OTHERS

[2021] Lloyd's Rep. FC 286

Civil evidence – Bankers’ Books Evidence Act 1879 – Foreign proceedings – Extra-territorial jurisdiction – Legal proceeding – Other records – Discretion.

R v AKLE AND OTHERS

[2021] Lloyd's Rep. FC 306

Abuse of process - Prosecutorial misconduct - Circumstances in which an individual may be deemed a Covert Human Intelligence Source - Regulation of Investigatory Powers Act 2000, section 26 - Admissibility of evidence relating to a co-defendant's guilty plea.

R v SHUNJIAN JIANG

[2021] Lloyd's Rep. FC 315

Money laundering – Money Laundering Regulations 2007 – Proceeds of Crime Act 2002 – Confiscation proceedings – Criminal property.

FEDERAL REPUBLIC OF NIGERIA v JP MORGAN CHASE BANK NA

[2021] Lloyd's Rep. FC 329

Banking – Duty of care – Quincecare duty – Knowledge – Disclosure – Extended disclosure – CPR PD 51U.

BALAZ v DISTRICT COURT OF ZVOLEN (SLOVAKIA)

[2021] Lloyd's Rep. FC 346

Extradition – Money laundering – Fraud – Jurisdiction – Extra-territoriality – Whether conduct constituted an extra-territorial offence.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v AMEC FOSTER WHEELER ENERGY LTD

[2021] Lloyd's Rep. FC 353

Deferred Prosecution Agreements – Conspiracy to make corrupt payments – Failure to prevent bribery – Crime and Courts Act 2013, section 45 and Schedule 17.

DIRECTOR OF PUBLIC PROSECUTIONS v BAXTER

[2021] Lloyd's Rep. FC 365

Cash forfeiture in Ireland – Powers of search – Liability to forfeiture – Discretion not to order forfeiture where search unlawful.

HER MAJESTY’S ATTORNEY GENERAL v LGL TRUSTEES LTD

[2021] Lloyd's Rep. FC 374

Money laundering – Sentencing – Trust company – Customer due diligence – Politically exposed person – High-risk transaction – Risk assessment and management – Failure to recognise and respond to risk that trust structure might be used for embezzlement – Failure to properly identify and verify the corporate customer's controllers – Proceeds of Crime (Jersey) Law 1999, article 37(4) – Money Laundering (Jersey) Order 2008, articles (11)(1)(f) and 13(1)(a).

AA AND OTHERS v BB AND ANOTHER

[2021] Lloyd's Rep. FC 387

Worldwide freezing orders – Criminal restraint orders – Serious Fraud Office – Proceeds of Crime Act 2002 – Whether criminal restraint order prohibited worldwide freezing order – Risk of dissipation.

R v JUSTYNA PARCZEWSKA

[2021] Lloyd's Rep. FC 397

Proceeds of crime – Assessment of benefit – Factual findings – Relationship with sentence.

R v LOUANJLI

[2021] Lloyd's Rep. FC 403

Appeal against conviction – Fraud – Money laundering – Exclusion of evidence – Relevance – Power to allow evidence of defendant via video link.

PARKER v FINANCIAL CONDUCT AUTHORITY AND ANOTHER, MOORE AND ANOTHER (INTERESTED PARTY)

[2021] Lloyd's Rep. FC 413

Proceeds of Crime Act 2002 – Confiscation orders – Compensation orders – Third party beneficial interest in property – Common interest constructive trust.

LENNON AND ANOTHER v ENGLEFIELD AND OTHERS

[2021] Lloyd's Rep. FC 432

Professional negligence – Conveyancing – Money Laundering Regulations 2007 (SI 2007 No 2157) – Solicitors Regulatory Authority Code of Conduct – Client money – Duty of care – Undue influence – Causation – Professional indemnity insurance – Exclusions – Recoverable loss.

LLR: Financial Crime