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LLR: Financial Crime RSS feed

R v BINFIELD

Value Added Tax Act 1994, section 72 – Fraudulent evasion of tax – Appeal – Disclosure – Accuracy of HMRC's digital records.

[2020] Lloyd's Rep. FC 18

R v WHITTLE

Proportionality – Criminal benefit – Pensions – Pension contributions – Deductions – Expenses

[2020] Lloyd's Rep. FC 26

R v WHATCOTT

Crime – Criminal evidence – Fraud – Appeal against sentence – Dishonesty – Burden of proof – Penalty clauses – Unfair commercial practices.

[2020] Lloyd's Rep. FC 65

R v REYNOLDS

Conspiracy to corrupt – Judicial summing-up – Purpose and nature of.

[2020] Lloyd's Rep. FC 73

R v CLEMENTS

Appeal against sentence – Trade Marks Act 1994 – Unauthorised use of a trademark – Sentencing guidelines – Private prosecution – Sentencing for dishonesty.

[2020] Lloyd's Rep. FC 99

FUSEON LTD v SENIOR COURTS COSTS OFFICE AND ANOTHER

Costs – Private prosecution – Prosecution costs from central funds – Redetermination – Real injustice – Prosecution of Offences Act 1985, section 17 – Costs in Criminal Cases (General) Regulations 1986 (SI 1986 No 1335).

[2020] Lloyd's Rep. FC 104

AA v PERSONS UNKNOWN AND OTHERS

Proprietary injunctions – Cryptoassets – Legal property – Choses in possession – Choses in action – Mutual legal assistance.

[2020] Lloyd's Rep. FC 127

R v SOLANKI AND ANOTHER

Proceeds of Crime Act 2002 – Criminal property – Jury directions – Underlying offences – R v Brown (1984) 79 Cr App R 115.

[2020] Lloyd's Rep. FC 143

NATIONAL CRIME AGENCY v HUSSAIN AND OTHERS

Proceeds of crime – Unexplained wealth order – Interim freezing order – “Reasonable grounds to believe” – “Reasonable grounds for suspecting” – “Facilitated the commission of a serious offence” – Whether an unexplained wealth order was more intrusive than a disclosure order and disclosure notices – Whether it was just, appropriate and proportionate to make an unexplained wealth order – Public hearing – Whether it was necessary to hear the application in private – Proceeds of Crime Act 2002, sections 357, 362A, 362B, 362C, 362D, 362H, 262I 362J, 362K, 362L and 414(3)(b) and (za) (as inserted by the Criminal Finances Act 2017) – Serious Crime Act 2007, Part 1 of Schedule 1 – European Convention on Human Rights, articles 2, 6, 8, 10, A1P1 – CPR r 39.2.

[2020] Lloyd's Rep. FC 158

RE NATIONAL CRIME AGENCY

Proceeds of Crime Act 2002 – Investigations – Disclosure orders – Conditions for making – Section 357(2) – Relationship between disclosure orders and account freezing orders in frozen funds investigations – Jurisdiction – Whether appeal by way of case stated appropriate route to challenge refusal of a disclosure order.

[2020] Lloyd's Rep. FC 187

HAJIYEVA v NATIONAL CRIME AGENCY

Unexplained wealth orders (UWOs) – Politically exposed person – State-owned enterprise – Influence of foreign conviction in UWO application – Privilege against self-incrimination – Spousal privilege.

[2020] Lloyd's Rep. FC 199

NATIONAL CRIME AGENCY v BAKER AND OTHERS

Unexplained wealth orders (UWOs) – Interim freezing orders – Proceeds of Crime Act 2002, sections 362A to 362R – Income requirement – Holding requirement – Politically exposed persons (PEPs).

[2020] Lloyd's Rep. FC 240

R v VARLEY AND OTHERS

Conspiracy to commit fraud by false representation – Whether case to answer – Director's liability – Innocent Agency – Evidential sufficiency – Fraud Act 2006, section 2 – Criminal Law Act 1977, section 1.

[2020] Lloyd's Rep. FC 281

DINES AND OTHERS v DIRECTOR OF PUBLIC PROSECUTIONS

Confiscation orders – Registration of foreign confiscation orders – Convictions – Italy – Proceeds of Crime Act 2002, section 444(1) – Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005 No 3181) Part 2.

[2020] Lloyd's Rep. FC 287

SERIOUS FRAUD OFFICE v BARCLAYS PLC AND ANOTHER

Conspiracy to commit fraud by false representation – Giving unlawful financial assistance – Voluntary bill of indictment – Attribution – Corporate criminal liability – Whether directing mind and will – Fraud Act 2006, section 2 – Companies Act 1985, section 151.

[2020] Lloyd's Rep. FC 319

R v BARCLAYS PLC AND BARCLAYS BANK PLC

Conspiracy to commit fraud by false representation – Giving unlawful financial assistance – Application to dismiss charges – Attribution – Corporate criminal liability – Whether directing mind and will – Fraud Act 2006, section 2 – Companies Act 1985, section 151.

[2020] Lloyd's Rep. FC 325

R v VARLEY AND OTHERS

Conspiracy to commit fraud by false representation – Whether case to answer – Director's liability – Innocent Agency – Participation – Evidential sufficiency – Fraud Act 2006, section 2 – Criminal Law Act 1977, section 1.

[2020] Lloyd's Rep. FC 331