i-law

LLR: Financial Crime Plus

R v WISEMAN

[2024] Lloyd's Rep. FC Plus 1
Fraud - Direction to jury - Correcting a false impression - Direction to jury - Procedural fairness in making of costs order.

AMES v R (SERIOUS FRAUD OFFICE)

[2024] Lloyd's Rep. FC Plus 2
Fraud - Fraud by abuse of position - Ingredients of offence - Intention - Jury directions - Brown direction - Whether if more than one intent alleged jury must be directed of need to be unanimous on which type of intention proved in order to convict - Fraud Act 2006, section 4(1)(c).

R (EXOLUM PIPELINE SYSTEM LTD) v CROWN COURT AT GREAT GRIMSBY, HEALTH AND SAFETY EXECUTIVE, INTERESTED PARTY

[2024] Lloyd's Rep. FC Plus 3
Judicial review - Senior Courts Act 1981, section 29(3) - High Court's jurisdiction over Crown Court decisions - Wasted costs order made following abandoned trial - Whether costs order was a matter "relating to trial on indictment".

R v ENTAIN PLC

[2024] Lloyd's Rep. FC Plus 4
Financial crime - Deferred Prosecution Agreements - Failure to prevent bribery - Financial penalties - Corporate governance - Bill of Indictment - Bribery Act 2010 - Crime and Courts Act 2013 - Market Abuse Regulation (EU) No 596/2014.

R v MAHMUD

[2024] Lloyd's Rep. FC Plus 5
Dishonesty - Claim of right - Legal directions - Belief as to legal entitlement.

KHAN v THE SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2024] Lloyd's Rep. FC Plus 6
Court review under Sanctions and Anti-Money Laundering Act 2018, section 38 - Grounds of designation - Whether the designation was ultra vires - Whether the designation is a disproportionate interference with article 8 and A1P1, ECHR - Padfield principles and the test for proportionality - Compatibility of the 2019 Regulations (SI 2019 No 855) with the ECHR.

UNITED STATES OF AMERICA v THOMAS ROBERTSON

[2024] Lloyd's Rep. FC Plus 7
United States of America - Obstruction of official proceedings - Sufficiency of evidence - Statutory interpretation - Meaning of corruption.

R v HAYES AND ANOTHER

[2024] Lloyd's Rep. FC Plus 8
Conspiracy to defraud - Libor and Euribor manipulation - CCRC reference - Binding precent - Relevance of US appellate judgment.

NATIONAL CRIME AGENCY v GREW AND ANOTHER

[2024] Lloyd's Rep. FC Plus 9
Unexplained wealth orders - High Court of Justice of Northern Ireland granted leave to serve documents outside jurisdiction - Whether NCA has power to operate in Northern Ireland and therefore capacity to bring proceedings - Crime and Courts Act 2013, sections 58 and 59, Schedules 24 and 25 - Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (SI 2015 No 798).

DALSTON PROJECTS LTD AND OTHERS v SECRETARY OF STATE FOR TRANSPORT SHVIDLER v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2024] Lloyd's Rep. FC Plus 10
Sanctions - Designated persons - Detention Order - Minister's powers and duties - Proportionality - Protection of property - Peaceful enjoyment of possessions - Court powers - Human Rights Act 1998 - Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855).

R v HUGHES AND ANOTHER

[2024] Lloyd's Rep. FC Plus 11
Proceeds of crime - Confiscation - Realisable assets - Extent of interest in property built on land owned by another - Route of appeal against determination - Proceeds of Crime Act 2002.

R v LUXTON

[2024] Lloyd's Rep. FC Plus 12
Confiscation - Power to vary or rescind sentence - Prosecutor's right to appeal confiscation order.

R (COMPETITION AND MARKETS AUTHORITY) v COMPETITION APPEAL TRIBUNAL, SIKA LTD, MASTER BUILDERS SOLUTIONS UK LTD, MR X, INTERESTED PARTIES

[2024] Lloyd's Rep. FC Plus 13
Search warrants for business and domestic premises in competition law investigations - Judicial review.

PRADIP DAYA (AKA PRADIP CHAVDA) v CROWN PROSECUTION SERVICE

[2024] Lloyd's Rep. FC Plus 14
Confiscation orders - Certificate of Inadequacy - Unidentified assets.

VNESHPROMBANK LLC v GEORGY IVANOVICH BEDZHAMOV AND BETWEEN LYUBOV KIREEVA (AS BANKRUPTCY TRUSTEE OF GEORGY BEDZHAMOV) v GEORGY BEDZHAMOV

[2024] Lloyd's Rep. FC Plus 15
Application for declaration - Legal test for establishing a "reasonable cause to suspect" that an entity is owned or controlled by Designated Persons within meaning of regulations 5 and 6 of the Russian (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) designation - Whether the existence of a "reasonable cause to suspect" is enough to establish an offence under the 2019 Regulations.

DIRECTOR OF PUBLIC PROSECUTIONS v ESTATE OF MILDRED EDWARDS (DECEASED) AND MR CHRISTOPHER ROBIN EDWARDS

[2024] Lloyd's Rep. FC Plus 16
Property freezing order - Availability of assets - Exclusion order - Civil recovery proceedings - Proceeds of Crime Act 2002.

CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH) AND BETWEEN (1) CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD (2) CONSTITUTION AIRCRAFT LEASING (IRELAND) 5 LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH)

[2024] Lloyd's Rep. FC Plus 17
Sanctions - Banking - Statutory interpretation - Letters of Credit - Aircraft leasing - Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) - Russia Sanctions (EU Exit) (Amendment (No 3) Regulations 2022 (SI 2022 No 195).

ESTATE OF FAHAD MAZIAD RAJAAN AL RAJAAN (DECEASED) AND MUNA AL RAJAAN AL WAZZAN v DIRECTOR OF PUBLIC PROSECUTIONS

[2024] Lloyd's Rep. FC Plus 18
Restraint – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181) – United Nations Convention Against Corruption 2003.

R (ABBASI) v THE CROWN COURT AT SOUTHWARK, (SIDDIQUI AND SIDDIQUI, INTERESTED PARTIES)

[2024] Lloyd's Rep. FC Plus 19
Proceeds of crime – Private prosecutions – Witness summons – Jurisdiction.

R (WORLD UYGHUR CONGRESS) v NATIONAL CRIME AGENCY, (SPOTLIGHT ON CORRUPTION, INTERVENOR)

[2024] Lloyd's Rep. FC Plus 20
Money laundering – Proceeds of Crime Act 2002, Part 7 – Criminal property – Investigation – Section 329(2)(c) exemption from criminal liability – Adequate consideration – Giving adequate consideration for property does not mean that the property was no longer criminal property – Foreign Prison-Made Goods Act 1897 – Proceeds of Crime Act 2002, sections 241, 241A, 242, 278, 304, 305, 306, 308, 327, 328, 329, 330, 331 and 340.

ALCHASTER * CRIMINAL PROCEEDINGS AGAINST MA, MINISTER FOR JUSTICE AND EQUALITY, INTERVENING

[2024] Lloyd's Rep. FC Plus 21
Trade and Cooperation Agreement - Surrender of person to the UK for prosecution - European Convention on Human Rights, article 7 - Charter of Fundamental Rights of the European Union, article 49 - Principle of the non-retroactivity of offences and penalties - Anonymisation - Open justice.

PIGOTT v CROWN PROSECUTION SERVICE

[2024] Lloyd's Rep. FC Plus 22
Criminal Justice Act 1988 - Confiscation orders - Hidden assets - Certificate of inadequacy.

NATIONAL CRIME AGENCY v HAO AND OTHERS

[2024] Lloyd's Rep. FC Plus 23
Civil recovery - Mutual legal assistance - Disclosure order - Without notice applications - Duty of candour - Reasonable grounds to suspect - International letters of request - Proceeds of Crime Act 2002 - Human Rights Act 1998 - European Convention on Human Rights.

DIRECTOR OF PUBLIC PROSECUTIONS FOR THE STATE OF SOUTH AUSTRALIA v SONIARD MRISHAJ AND ILLYRIAN INVESTMENTS PTY LTD

[2024] Lloyd's Rep. FC Plus 24
Restraint - Criminal procedure - Confiscation of proceeds of crime and related matters - Constitutional law.

ATTORNEY GENERAL v REID AND OTHERS

[2024] Lloyd's Rep. FC Plus 25
Ex parte restraint orders - Duty of full and frank disclosure - Fact finding - Typographical error - Consequences of material non-disclosure - Public interest - Proceeds of crime - Mutual legal assistance - Fundamental misdirection - Unfairness.

EURASIAN NATURAL RESOURCES CORPORATION LTD v DIRECTOR OF THE SERIOUS FRAUD OFFICE AND OTHERS

[2024] Lloyd's Rep. FC Plus 26
Investigations - Redaction of documents - Grounds for redaction - Public interest immunity - Privilege - Irrelevance and confidentiality - Practice Direction 57AD - Inspection of redacted documents by court.

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