- Home/Publications/LLR: Financial Crime Plus
ADDLESEE (AND THE OTHERS LISTED IN THE SCHEDULE ANNEXED TO THE AMENDED CLAIM FORM) v DENTONS EUROPE LLP
[2020] Lloyd's Rep. FC Plus 1
Legal professional privilege - Dissolved companies
R v WHITTLE
[2020] Lloyd's Rep. FC Plus 2
Proportionality - Criminal benefit - Pensions - Pension contributions - Deductions - Expenses
R v BINFIELD
[2020] Lloyd's Rep. FC Plus 3
Value Added Tax Act 1994, section 72 - Fraudulent evasion of tax - Appeal - Disclosure - Accuracy of HMRC's digital records
R (ON THE APPLICATION OF TERRA SERVICES LTD) v NATIONAL CRIME AGENCY AND OTHERS
[2020] Lloyd's Rep. FC Plus 4
Public Interest Immunity - Mutual legal assistance - Letters of Request - Closed material procedure - Warrant - Police and Criminal Evidence Act 1984, schedule 1
NURSE v REPUBLIC OF TRINIDAD AND TOBAGO CANSERVE LTD v REPUBLIC OF TRINIDAD AND TOBAGO
[2020] Lloyd's Rep. FC Plus 5
Import controls - Mens rea - Regulatory offences - Strict liability
SINGULARIS HOLDINGS LTD (IN OFFICIAL LIQUIDATION) (A COMPANY INCORPORATED IN THE CAYMAN ISLANDS) v DAIWA CAPITAL MARKETS EUROPE LTD
[2020] Lloyd's Rep. FC Plus 6
Banking and finance - Duty of care - Quincecare duty - Attribution of knowledge - Defences - Illegality - Causation - Circularity of action
R v WHATCOTT
[2020] Lloyd's Rep. FC Plus 7
Crime - Criminal evidence - Fraud - Appeal against sentence - Dishonesty - Burden of proof - Penalty clauses - Unfair commercial practices
SERIOUS FRAUD OFFICE v GURALP SYSTEMS LTD
[2020] Lloyd's Rep. FC Plus 8
Deferred Prosecution Agreements - Crime and Courts Act 2013, section 45 and schedule 17 - Corruption - Conspiracy
R v REYNOLDS
[2020] Lloyd's Rep. FC Plus 9
Conspiracy to corrupt - Judicial summing-up - Purpose and nature of
R v CLEMENTS
[2020] Lloyd's Rep. FC Plus 10
Appeal against sentence - Trade Marks Act 1994 - Unauthorised use of a trademark - Sentencing guidelines - Private prosecution - Sentencing for dishonesty
AA v PERSONS UNKNOWN AND OTHERS
[2020] Lloyd's Rep. FC Plus 11
Proprietary injunctions - Cryptoassets - Legal property - Choses in possession - Choses in action - Mutual legal assistance
FUSEON LTD v SENIOR COURTS COSTS OFFICE AND ANOTHER
[2020] Lloyd's Rep. FC Plus 12
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)
NATIONAL CRIME AGENCY v HUSSAIN AND OTHERS
[2020] Lloyd's Rep. FC Plus 13
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 that 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
R v SOLANKI AND ANOTHER
[2020] Lloyd's Rep. FC Plus 14
Proceeds of Crime Act 2002 - Criminal property - Jury directions - Underlying offences - R v Brown (1984) 79 Cr App R 115
RE NATIONAL CRIME AGENCY
[2020] Lloyd's Rep. FC Plus 15
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
R (PRICE) v SNARESBROOK CROWN COURT (CROWN PROSECUTION SERVICE, INTERESTED PARTY)
[2020] Lloyd's Rep. FC Plus 16
Confiscation order - Appeal - Breach of peremptory order - Application to set aside bound to fail - Drug Trafficking Act 1994 - Criminal Justice and Data Protection (Protocol No 36) Regulations 2014 (SI 2014 No 3141), regulation 11
HAJIYEVA v NATIONAL CRIME AGENCY
[2020] Lloyd's Rep. FC Plus 17
Unexplained wealth order - Politically exposed person - State-owned enterprise - Influence of foreign conviction in UWO application - Privilege against self-incrimination - Spousal privilege
VINKS AND RIBICKA v REPUBLIC OF LATVIA
[2020] Lloyd's Rep. FC Plus 18
Convention for the Protection of Human Rights and Fundamental Freedoms, article 8 and article 13 – Respect for private life – Effective remedy for violation of the Convention – Legality of search of premises and seizures.
BANK ST PETERSBURG PJSC AND ANOTHER v ARKHANGELSKY AND ANOTHER OSLO MARINE GROUP PORTS LLC (ADDITIONAL PARTY/APPELLANT)
[2020] Lloyd's Rep. FC Plus 19
Banking and finance - Conspiracy to defraud - Standard of proof - Illegality - Bribery - Civil procedure - Appeals - Inferences from primary findings of fact - Judgments - Delay
BALSAMO v SAN MARINO
[2020] Lloyd's Rep. FC Plus 20
Confiscation order – Money laundering – Recovery of the proceeds of crime.
NATIONAL CRIME AGENCY v BAKER AND OTHERS
[2020] Lloyd's Rep. FC Plus 21
Unexplained Wealth orders (UWOs) - Interim freezing orders - Proceeds of Crime Act 2002, sections 362A to 362R - Income requirement - Holding requirement - Politically exposed persons (PEPs)
R v VARLEY AND OTHERS
[2020] Lloyd's Rep. FC Plus 22
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.
R v VARLEY AND OTHERS
[2020] Lloyd's Rep. FC Plus 23
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.
R v BARCLAYS PLC AND BARCLAYS BANK PLC
[2020] Lloyd's Rep. FC Plus 24
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.
SERIOUS FRAUD OFFICE v BARCLAYS PLC AND ANOTHER
[2020] Lloyd's Rep. FC Plus 25
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.
IN THE MATTER OF BENEDICTA OJEBODE (ALSO KNOWN AS BENEDICTA OJEBODE OLUREMILEKUN THOMAS)
[2020] Lloyd's Rep. FC Plus 26
Certificate of inadequacy - Confiscation - Assets - Schedule of assets - Evidence - Criminal Justice Act 1988, section 83 - Proceeds of Crime Act 2002, section 23
DINES AND OTHERS v DIRECTOR OF PUBLIC PROSECUTIONS
[2020] Lloyd's Rep. FC Plus 27
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
RIHAN v ERNST & YOUNG GLOBAL LTD AND OTHERS
[2020] Lloyd's Rep. FC Plus 28
Professional negligence – Duty of care – Employer’s duties – Safety of employee – Audit – Whistleblowing – Disclosure obligations – Economic loss – Future earning prospects – Conspiracy to injure – Causation – Mitigation of loss.
BARTON AND ANOTHER v R
[2020] Lloyd's Rep. FC Plus 29
Dishonesty - Stare decisis - Obiter dicta - Instruction of the Supreme Court in conflict with decision of the Court of Appeal
ZXC v BLOOMBERG LP
[2020] Lloyd's Rep. FC Plus 30
Privacy - Identifying subject of criminal investigation - Confidentiality of letters of request - Balancing interest in publication - ECHR, articles 8 and 10
WILLIAMS v THE SUPERVISORY AUTHORITY (ANTIGUA AND BARBUDA)
[2020] Lloyd's Rep. FC Plus 31
Civil recovery - Freezing orders - Constitutional rights
R v HILTON
[2020] Lloyd's Rep. FC Plus 32
Confiscation - Proceeds of Crime Act 2002, Part 4, section 160A (section 10A for England and Wales) - Criminal confiscation - Procedure - When must proposal to make confiscation order be intimated to interested third-parties - Whether mandatory to do so - Whether judge "was determining the available amount" for the purposes of section 160A (section 10A)
PCP CAPITAL PARTNERS LLP AND ANOTHER v BARCLAYS BANK PLC
[2020] Lloyd's Rep. FC Plus 33
Dishonest representations - Legal professional privilege - Waiver
FINANCIAL CONDUCT AUTHORITY v SKINNER AND OTHERS
[2020] Lloyd's Rep. FC Plus 34
Financial Services Regulation - Financial Conduct Authority - Restitution orders - Knowing concern - Required knowledge - Financial Services and Markets Act 2000, sections 19, 21, 382 - Communication of financial promotion of share issues not made or approved by authorised person - Financial Service Act 2012, sections 3, 89 - False or misleading statements
LONDON BOROUGH OF BARNET v KAMYAB
[2020] Lloyd's Rep. FC Plus 35
Proceeds of crime – Breaches of enforcement notices – Prosecutor’s appeal against a confiscation order – Whether confiscation order can be remitted to the Crown Court for redetermination on appeal by the Prosecutor.
THE OFFICIAL RECEIVER v SKEENE AND ANOTHER
[2020] Lloyd's Rep. FC Plus 36
Affirmations - Directors Disqualification Proceedings - Disclosure - Serious Fraud Office - Permission - Civil Procedure Rules 31.22, 32.12, 32.15
R (NATIONAL CRIME AGENCY) v LEAHY AND OTHERS
[2020] Lloyd's Rep. FC Plus 37
Application for civil recovery order - Proceeds of Crime Act 2002, sections 243 and 266 - Application to set aside a property freezing order - Proceeds of Crime Act 2002, sections 245A and 245B - Balance of convenience - Disclosure in the context of civil recovery proceedings (Civil Procedure Rules Part 8) - Circumstances in which it is appropriate for the court to order that the parties should exchange costs budgets
BURFORD CAPITAL LTD v LONDON STOCK EXCHANGE GROUP PLC
[2020] Lloyd's Rep. FC Plus 38
Norwich Pharmacal Order - Market Abuse Regulation (EU) No 596/2014, article 15 - Market manipulation - Layering and spoofing - Good arguable case - Cause of action - Private prosecution - Financial Conduct Authority - London Stock Exchange
R v ANDREWES
[2020] Lloyd's Rep. FC Plus 39
Proportionality - Disproportionate - Criminal benefit - Particular benefit - CV fraud - Fraud - Causation - Proceeds of Crime Act 2002, section 6
R (ON THE APPLICATION OF WOLLENBERG) v THE CROWN COURT AT SOUTHWARK (SECRETARY OF STATE FOR JUSTICE THE LORD CHANCELLOR, INTERESTED PARTY)
[2020] Lloyd's Rep. FC Plus 40
Private prosecutions - Application to dismiss - Application for prosecution costs out of central funds - Judicial review
R (LONDON BOROUGH OF ISLINGTON) v BAJAJ
[2020] Lloyd's Rep. FC Plus 41
Confiscation orders - Benefit amount - Preliminary issues - Drafting of the charges
FAERMAN v DIRECTOR OF THE SERIOUS FRAUD OFFICE
[2020] Lloyd's Rep. FC Plus 42
Proceeds of Crime - Asset recovery - Disclosure order - Information notice - Jurisdiction - Application for Disclosure order where sole respondent was not resident in the jurisdiction - Material non-disclosure - Proceeds of Crime Act 2002, sections 245A, 357, 358, and 359
R v CARTWRIGHT AND OTHERS
[2020] Lloyd's Rep. FC Plus 44
Fraudulent trading - Aiding and abetting - Companies Act 1985, section 458 - Totality of sentence
PDVSA SERVICIOS SA v CLYDE & CO LLP, PETROSAUDI OIL SERVICES (VENEZUELA) LTD AND THE NATIONAL CRIME AGENCY (PROPOSED THIRD DEFENDANT)
[2020] Lloyd's Rep. FC Plus 45
Adding parties - Joining parties - National Crime Agency - Proceeds of crime - Money laundering - Mandatory orders - Arbitration - Hearing in private - Escrow account