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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.

R v GIMBERT

[2019] Lloyd's Rep. FC 87

Theft of land – Theft Act 1968 – Power of attorney – Validity.

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 v BUSH AND ANOTHER

[2019] Lloyd's Rep. FC 210

Fraud – False accounting – Prosecution appeal.

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.

INTERNATIONAL SECTION: INTERUSH LTD AND INTERUSH (SINGAPORE) PTE LTD v THE COMMISSIONER OF POLICE, THE COMMISSIONER OF CUSTOMS AND EXCISE, MAK WING YIP CYRIL, SUPERINTENDENT OF POLICE

[2019] Lloyd's Rep. FC 304

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).

LLR: Financial Crime