- Home/Publications/LLR: Financial Crime
SCHOLTZ AND OTHERS v THE STATE
[2019] Lloyd's Rep FC 1
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.
UBS EUROPE SE (FORMERLY UBS (LUXEMBOURG) SA) v HONDEQUIN AND OTHERS (OTHER PARTIES TO THE PROCEEDINGS: DV, EU, COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER (CSSF), ORDRE DES AVOCATS DU BARREAU DE LUXEMBOURG)
[2019] Lloyd's Rep FC 40
Directive 2004/39/EC (“MiFID”) – Article 54(1) and (3).
BUCCIONO v BANCA D'ITALIA (INTERVENERS: BANCA NETWORK INVESTIMENTI SPA, IN LIQUIDATION)
[2019] Lloyd's Rep FC 54
Directive 2013/36/EU – Article 53(1).
CMOC SALES & MARKETING LTD v PERSON UNKNOWN AND 30 OTHERS
[2019] Lloyd's Rep FC 62
Dishonest assistance – Fraud – Knowing receipt – Unjust enrichment – Unlawful means conspiracy – Freezing injunctions – Unknown persons.
LONSDALE v NATIONAL WESTMINSTER BANK PLC
[2019] Lloyd's Rep FC 94
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”).
RUDALL v CROWN PROSECUTION SERVICE AND ANOTHER
[2019] Lloyd's Rep FC 115
Malicious prosecution – Reasonable and probable cause – Malice – CPS – Duties of prosecutor – Delay – Prolonged investigation.
AHMED v CROWN PROSECUTION SERVICE
[2019] Lloyd's Rep FC 149
Confiscation – Criminal Justice Act 1988 – Receivership – Realisable property – Pension policies.
R (ON THE APPLICATION OF KBR INC) v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2019] Lloyd's Rep FC 153
Judicial review – Serious Fraud Office – Powers of the Director – Criminal Justice Act 1987 – Section 2 notices – Material held outside the jurisdiction – Power to compel provision – Mutual legal assistance.
BENNETT v THE CHIEF CONSTABLE OF MERSEYSIDE POLICE
[2019] Lloyd's Rep FC 174
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.
COMPETITION AND MARKETS AUTHORITY v CONCORDIA INTERNATIONAL RX (UK) LTD
[2019] Lloyd's Rep FC 183
Disclosure and inspection of documents – Competition and Markets Authority – Warrant – Competition Act 1998 – Confidential material – Public interest immunity.
SOTHEBY’S v MARK WEISS LTD AND OTHERS
[2019] Lloyd's Rep FC 191
Disclosure – Inspection – Legal professional privilege – Litigation privilege – Dual purpose – Dominant purpose – CPR 31.19.
INTERNATIONAL SECTION: SECURITIES AND FUTURES COMMISSION v YOUNG BIK FUNG AND OTHERS
[2019] Lloyd's Rep FC 201
R v GODIR
[2019] Lloyd's Rep FC 207
Mens rea – Knowingly – Recklessness – Jury directions – Tax Credits Act 2002, section 35 – Taxes Management Act 1970, section 106A.
R (FLANNIGAN) v DIRECTOR OF LEGAL AID CASEWORK AND ANOTHER
[2019] Lloyd's Rep FC 230
Legal Aid – Capital contribution orders – Income contribution orders – Criminal Defence Service regulations – Restraint orders – Assets – ECHR article 1 Protocol 1.
R (BEACH AND ANOTHER) v FOLKESTONE MAGISTRATES’ COURT (RUNNYMEDE BOROUGH COUNCIL, INTERESTED PARTY)
[2019] Lloyd's Rep FC 245
Confiscation orders – Non-payment – Enforcement proceedings – Warrants for committal to prison – Deliberate failure to pay – Alternatives to imprisonment – Enforcement receivers – Proceeds of Crime Act 2002, section 35 – Magistrates’ Courts Act 1980, section 82.
GILANI v SADDIQ AND OTHERS
[2019] Lloyd's Rep FC 251
Civil Procedure Rules, r 31.22 – Use of documents disclosed in civil proceedings in criminal proceedings – Permission – Proper purpose – Public interest – Fraud – Private prosecution.
INTERNATIONAL SECTION: GYRLYAN v RUSSIA
[2019] Lloyd's Rep FC 258
Customs declaration – Failure to declare – Cash confiscation – Property rights – Individualised proportonality.
INTERNATIONAL SECTION: VISY v SLOVAKIA
[2019] Lloyd's Rep FC 261
Re-seizure of material, including privileged material, by Slovakian authorities a violation of ECHR, article 8.
R v FULTON
[2019] Lloyd's Rep FC 263
Criminal benefit – Disguise, convert or transfer criminal property – Conspiracy – Money laundering – Proportionality – Proceeds of Crime Act 2002, sections 6, 76 and 84.
R v D
[2019] Lloyd's Rep FC 276
Council tax – Fraud by non-disclosure – Legal duty to disclose information – Terminating rulings.
SERIOUS FRAUD OFFICE v TESCO STORES LTD
[2019] Lloyd's Rep FC 283
Crime and Courts Act 2013, section 45 and Schedule 17 – Deferred Prosecution Agreement (“DPA”) Code of Practice 2016 – Theft Act 1968, section 17.
BUTT v COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS
[2019] Lloyd's Rep FC 307
Tax – HMRC – MTIC fraud – VAT – Abuse of rights principle – Legal certainty – Value Added Tax Act 1994, sections 24 to 26, 60 and 61.
GROUP SEVEN LTD (A COMPANY INCORPORATED UNDER THE LAWS OF MALTA) AND ANOTHER v NOTABLE SERVICES LLP AND ANOTHER
[2019] Lloyd's Rep FC 319
Equity – Dishonest assistance – Breach of trust – Breach of fiduciary duty – Whether assistance dishonest – Blind-eye knowledge – Vicarious liability – Whether bank liable for employee's fraud – Causation – Whether chain of causation broken.
CROWN PROSECUTION SERVICE v AQUILA ADVISORY LTD
[2019] Lloyd's Rep FC 358
Confiscation orders – Breach of fiduciary duty – Constructive trusts – Attribution of liability.
INTERNATIONAL SECTION: TIMBS v INDIANA
[2019] Lloyd's Rep FC 366
R v THAYAPARAN AND OTHERS
[2019] Lloyd's Rep FC 369
Proceeds of Crime Act 2002 (“POCA”) – Confiscation – Criminal property – Beneficial ownership – Assumptions.
R v DRUZYC
[2019] Lloyd's Rep FC 375
Appeal – Substituting offence – Indictment – Insolvency Act 1986, sections 206 and 207.
QUALTER AND OTHERS v CROWN COURT AT PRESTON CHESHIRE WEST AND CHESHIRE COUNCIL (INTERESTED PARTY) AND OTHERS
[2019] Lloyd's Rep FC 382
Judicial review – Production orders – Proceeds of Crime Act 2002 – Local Government Act 1972 – Localism Act 2011 – Police and Criminal Evidence Act 1984 – Money laundering investigation – True or predominant purpose.
RE SOMAIA
[2019] Lloyd's Rep FC 393
Costs – Central funds – Private prosecution – Enforcement – Statutory interpretation – Criminal Justice Act 1988, sections 71, 80 and 82 – Prosecution of Offences Act 1985, section 17.
N v ROYAL BANK OF SCOTLAND
[2019] Lloyd's Rep FC 405
Banking – Bank accounts – Freezing of accounts – Termination of relationship – Money laundering – Proceeds of Crime Act 2002, section 338(4A)
INTERNATIONAL SECTION: UNITED STATES OF AMERICA v CONNOLLY AND BLACK
[2019] Lloyd's Rep FC 418
VOLAW TRUST AND CORPORATE SERVICES LTD AND ITS DIRECTORS AND OTHERS v THE OFFICE OF THE COMPTROLLER OF TAXES AND ANOTHER; VOLAW TRUST AND CORPORATE SERVICES LTD AND ITS DIRECTORS AND OTHERS v HER MAJESTY'S ATTORNEY GENERAL FOR JERSEY
[2019] Lloyd's Rep FC 423
Investigations – Mutual legal assistance – Privilege against self-incrimination – European Convention on Human Rights, article 6 – Pre-existing documents.
R v PANAYI
[2019] Lloyd's Rep FC 443
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).
R v ALSTOM NETWORK UK LTD
[2019] Lloyd's Rep FC 451
Companies – Directing mind and will – Directors – Abuse of process.
INTERNATIONAL SECTION: R v BARRA AND GOVINDIA
[2019] Lloyd's Rep FC 462
R v HAQUE
[2019] Lloyd's Rep FC 469
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.
R (ON THE APPLICATION OF HOLLOWAY) v HARROW CROWN COURT (SINGH BHUI AND OTHERS, INTERESTED PARTIES)
[2019] Lloyd's Rep FC 476
Private prosecution – Improper act or omission – Costs order.
CHIEF CONSTABLE OF GREATER MANCHESTER POLICE v ALI
[2019] Lloyd's Rep FC 489
Appeal by way of case stated – Proceeds of Crime Act 2002 – Powers of search and seizure – Appropriate approval – Prospective grant of approval.
HOTEL PORTFOLIO II UK LTD (IN LIQUIDATION) v SMA INVESTMENT HOLDINGS LTD AND OTHERS
[2019] Lloyd's Rep FC 495
Legal professional privilege – “Iniquity” exception – Circumstances in which the exception applies.
ONLINE TAX REBATE LTD v THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS
[2019] Lloyd's Rep FC 507
Money laundering – Money Laundering Regulations 2007 (SI 2007 No 2157), regs 3, 4 and 7 – Business providing forms to others to allow them to claim tax reliefs – “Tax adviser” – Business relationship.
SERIOUS FRAUD OFFICE v SERCO GEOGRAFIX LTD
[2019] Lloyd's Rep FC 518
Deferred Prosecution Agreement (“DPA”) – Interests of justice – Self-reporting – Debarment – Privilege – Dormant company – Role of parent companies.
R v S
[2019] Lloyd's Rep FC 529
Restraint order – Reasonable time – Guidance – Pre-charge – Delay – Discharge – Proceeds of Crime Act 2002, sections 40, 41 and 42.
SAAB AND ANOTHER v DANGATE CONSULTING LTD AND OTHERS
[2019] Lloyd's Rep FC 542
Breach of confidence – Breach of confidentiality agreement – Disclosure of confidential information by private investigators to regulators, law enforcement agencies, media and lawyers – Public interest defence – Legal compulsion defence.
GALLERIA (HONG KONG) LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v DBS BANK LTD, HONG KONG BRANCH
[2019] Lloyd's Rep FC 570
Fraud – Dishonest assistance – Knowing receipt – Dishonesty – Blind-eye knowledge – Knowledge in a corporate entity – Inferences – Evidence.
UNITED STATES OF AMERICA v NG LAP SENG, AKA DAVID NG, AKA DAVID NG LAP SENG
[2019] Lloyd's Rep FC 590
QUARTERLY COMMENTARY: DO NOT BE BEGUILED BY THE SOOTHING TONES OF THE UK'S FATF MUTUAL EVALUATION REPORT
[2019] Lloyd's Rep FC 1001
QUARTERLY COMMENTARY: CIVIL CASES IN CRIMINAL COURTS
[2019] Lloyd's Rep FC 1002
QUARTERLY COMMENTARY: THE GOVERNMENT'S ECONOMIC CRIME PLAN 2019–2022
[2019] Lloyd's Rep FC 1003
QUARTERLY COMMENTARY: BANKERS AND THE IMPORTANCE OF ONGOING MONITORING
[2019] Lloyd's Rep FC 1004