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CMOC SALES & MARKETING LTD v PERSON UNKNOWN AND 30 OTHERS
[2019] Lloyd's Rep FC Plus 1
Dishonest assistance - Fraud - Knowing receipt - Unjust enrichment - Unlawful means conspiracy - Freezing injunctions - Unknown persons.
SCHOLTZ AND OTHERS v THE STATE
[2019] Lloyd's Rep FC Plus 2
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.
R (ON THE APPLICATION OF KBR INC) v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2019] Lloyd's Rep FC Plus 3
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
LONSDALE v NATIONAL WESTMINSTER BANK PLC
[2019] Lloyd's Rep FC Plus 4
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 ("SARs").
R (WYATT AND ANOTHER) v THAMES VALLEY POLICE
[2019] Lloyd's Rep FC Plus 5
Charging decisions – Investigations – Independence – Reasons – Copyright offences.
UBS EUROPE SE (FORMERLY UBS (LUXEMBOURG) SA) v ALAIN 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 Plus 6
Directive 2004/39/EC ("MiFID") - Article 54(1) and (3).
ENZO BUCCIONO v BANCA D'ITALIA (INTERVENERS: BANCA NETWORK INVESTIMENTI SPA, IN LIQUIDATION)
[2019] Lloyd's Rep FC Plus 7
Directive 2013/36/EU - Article 53(1).
R v GIMBERT
[2019] Lloyd's Rep FC Plus 8
Theft of land - Theft Act 1968 - Power of attorney - Validity.
RUDALL v CROWN PROSECUTION SERVICE AND ANOTHER
[2019] Lloyd's Rep FC Plus 9
Malicious prosecution - Reasonable and probable cause - Malice - CPS - Duties of prosecutor - Delay - Prolonged investigation.
AHMED v CROWN PROSECUTION SERVICE
[2019] Lloyd's Rep FC Plus 10
Confiscation - Criminal Justice Act 1988 - Receivership - Realisable property - Pension policies
BENNETT v THE CHIEF CONSTABLE OF MERSEYSIDE POLICE
[2019] Lloyd's Rep FC Plus 11
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
SOTHEBYS v MARK WEISS LTD AND OTHERS
[2019] Lloyd's Rep FC Plus 12
Disclosure - Inspection - Legal professional privilege - Litigation privilege - Dual purpose - Dominant purpose CPR 31.19
COMPETITION AND MARKETS AUTHORITY v CONCORDIA INTERNATIONAL RX (UK) LTD
[2019] Lloyd's Rep FC Plus 13
Disclosure and inspection of documents - Public interest immunity - Competition and Markets Authority
GIEM SRL AND OTHERS v ITALY
[2019] Lloyd's Rep FC Plus 14
Human rights – European Convention on Human Rights, articles 6 and 7 – Non-conviction confiscation – Article 1 of Protocol No 1 – Property development – Subsidiarity – Margin of appreciation doctrine – Pilot judgments – Stare decisis – Consolidated law.
GILANI v SADDIQ AND OTHERS
[2019] Lloyd's Rep FC Plus 15
Civil Procedure Rules, r 31.22 - Use of documents disclosed in civil proceedings in criminal proceedings - Permission - Proper purpose - Public interest - Fraud - Private prosecution
R (FLANNIGAN) v DIRECTOR OF LEGAL AID CASEWORK AND ANOTHER
[2019] Lloyd's Rep FC Plus 16
Legal Aid - Capital contribution orders - Income contribution orders - Criminal Defence Service regulations - Restraint orders - Assets - ECHR article 1 Protocol 1
R v GODIR
[2019] Lloyd's Rep FC Plus 18
Mens rea - Knowingly - Recklessness - Jury directions - Tax Credit Act 2002, section 35 - Taxes Management Act 1970, section 106A
R (BEACH AND ANOTHER) v FOLKESTONE MAGISTRATES' COURT (RUNNYMEDE BOROUGH COUNCIL, INTERESTED PARTY)
[2019] Lloyd's Rep FC Plus 19
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
R v FULTON
[2019] Lloyd's Rep FC Plus 20
Criminal benefit - Disguise, convert or transfer criminal property - Conspiracy - Money laundering - Proportionality - Proceeds of Crime Act 2002, sections 6, 76 and 84.
SERIOUS FRAUD OFFICE v TESCO STORES LTD
[2019] Lloyd's Rep FC Plus 21
Crime and Courts Act 2013, section 45 and Schedule 17 - Deferred Prosecution Agreement ("DPA") Code of Practice 2016 - Theft Act 1968, section 17.
R v D
[2019] Lloyd's Rep FC Plus 22
Council tax - Fraud by non-disclosure - Legal duty to disclose information - Terminating rulings.
ACL NETHERLANDS BV (AS SUCCESSOR TO AUTONOMY CROP LTD) AND OTHERS v LYNCH AND ANOTHER
[2019] Lloyd's Rep FC Plus 23
Civil Procedure – Disclosure – Witness statements – Collateral use – Compulsion – Public interest – Use in foreign proceedings – Comity – CPR 31.22 – CPR 32.12.
MARTIN v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS
[2019] Lloyd's Rep FC Plus 24
Money laundering – Money Laundering Regulations 2007 (SI 2007 No 2157), regulations 33 and 42 – Tax adviser – Registration with supervisory authority – Penalty for carrying on business while not on register.
BUTT v COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS
[2019] Lloyd's Rep FC Plus 25
Tax - HMRC - MTIC fraud - VAT - Abuse of rights principle - Legal certainty - Value Added Tax Act 1994, sections 24 to 26, 60 and 61
CROWN PROSECUTION SERVICE v AQUILA ADVISORY LTD
[2019] Lloyd's Rep FC Plus 26
Confiscation orders - Breach of fiduciary duty - Constructive trusts - Attribution of liability
NATIONAL CRIME AGENCY v NUTTALL AND OTHERS
[2019] Lloyd's Rep FC Plus 27
Proceeds of Crime Act 2002 – Recovery – Money laundering – Mortgage fraud – Contravention of the Company Directors Disqualification Act 1986.
GROUP SEVEN LTD (A COMPANY INCORPORATED UNDER THE LAWS OF MALTA) AND ANOTHER v NOTABLE SERVICES LLP AND ANOTHER
[2019] Lloyd's Rep FC Plus 28
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
RE SOMAIA
[2019] Lloyd's Rep FC Plus 29
Costs - Central funds - Private prosecution - Enforcement - Statutory interpretation - Criminal Justice Act 1988, sections 71, 80 and 82 - Prosecution of Offences Act 1985, section 17
QUALTER AND OTHERS v CROWN COURT AT PRESTON CHESHIRE WEST AND CHESHIRE COUNCIL (INTERESTED PARTY) AND OTHERS
[2019] Lloyd's Rep FC Plus 30
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
R v THAYAPARAN AND OTHERS
[2019] Lloyd's Rep FC Plus 31
Proceeds of Crime Act 2002 ("POCA") - Confiscation - Criminal property - Beneficial ownership - Assumptions
R v DRUZYC
[2019] Lloyd's Rep FC Plus 32
Appeal - Substituting offence - Indictment - Insolvency Act 1986, sections 206 and 207
N v ROYAL BANK OF SCOTLAND
[2019] Lloyd's Rep FC Plus 33
Banking - Bank accounts - Freezing of accounts - Termination of relationship - Money laundering - Proceeds of Crime Act 2002, section 338(4A)
R v PANAYI
[2019] Lloyd's Rep FC Plus 34
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 Plus 35
Companies - Directing mind and will - Directors - Abuse of process
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 Plus 36
Investigations - Mutual legal assistance - Privilege against self-incrimination - European Convention on Human Rights, article 6 - Pre-existing documents
R (COMMISSIONERS FOR HM REVENUE AND CUSTOMS) v CROWN COURT AT MAIDSTONE
[2019] Lloyd's Rep FC Plus 37
Judicial review – Fraudulent evasion of income tax – Retention of seized property – Criminal Justice and Police Act 2001, section 59 – Criteria for examination of seized material – Scott schedules.
HOTEL PORTFOLIO II UK LTD (IN LIQUIDATION) v SMA INVESTMENT HOLDINGS LTD AND OTHERS
[2019] Lloyd's Rep FC Plus 38
Legal professional privilege - "Iniquity" exception - Circumstances in which the exception applies
R (ON THE APPLICATION OF HOLLOWAY) v HARROW CROWN COURT (SINGH BHUI AND OTHERS, INTERESTED PARTIES)
[2019] Lloyd's Rep FC Plus 39
Private prosecution - Improper act or omission - Costs order
ONLINE TAX REBATE LTD v THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS
[2019] Lloyd's Rep FC Plus 40
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
CHIEF CONSTABLE OF GREATER MANCHESTER POLICE v ALI
[2019] Lloyd's Rep FC Plus 41
Appeal by way of case stated - Proceeds of Crime Act 2002 - Powers of search and seizure - Appropriate approval - Prospective grant of approval
R v HAQUE
[2019] Lloyd's Rep FC Plus 42
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
SERIOUS FRAUD OFFICE v SERCO GEOGRAFIX LTD
[2019] Lloyd's Rep FC Plus 43
Deferred Prosecution Agreement ("DPA") - Interests of justice - Self-reporting - Debarment - Privilege - Dormant company - Role of parent companies
GALLERIA (HONG KONG) LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v DBS BANK LTD, HONG KONG BRANCH
[2019] Lloyd's Rep FC Plus 44
Fraud – Dishonest assistance - Knowing receipt - Dishonesty - Blind-eye knowledge - Knowledge in a corporate entity - Inferences - Evidence
SAAB AND ANOTHER v DANGATE CONSULTING LTD AND OTHERS
[2019] Lloyd's Rep FC Plus 45
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
R v S
[2019] Lloyd's Rep FC Plus 46
Restraint order - Reasonable time - Guidance - Pre-charge - Delay - Discharge - Proceeds of Crime Act 2002, sections 40, 41 and 42
SERIOUS FRAUD OFFICE v SARCLAD LTD
[2019] Lloyd's Rep FC Plus 47
Deferred Prosecution Agreement (“DPA”) – Crime and Courts Act 2013, section 45 and Schedule 17 – Judicial Approval of DPA – Bribery – Moderately resourced SME committing bribery on a significant scale – Financial penalty outside sentencing guideline.