i-law.com

ADDLESEE (AND THE OTHERS LISTED IN THE SCHEDULE ANNEXED TO THE AMENDED CLAIM FORM) v DENTONS EUROPE LLP

[2020] Lloyd's Rep. FC 1

Legal professional privilege – Dissolved companies.

R v BINFIELD

[2020] Lloyd's Rep. FC 18

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

R v WHITTLE

[2020] Lloyd's Rep. FC 26

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

R (ON THE APPLICATION OF TERRA SERVICES LTD) v NATIONAL CRIME AGENCY AND OTHERS

[2020] Lloyd's Rep. FC 29

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 41

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 54

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 65

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

R v REYNOLDS

[2020] Lloyd's Rep. FC 73

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

SERIOUS FRAUD OFFICE v GURALP SYSTEMS LTD

[2020] Lloyd's Rep. FC 90

Deferred Prosecution Agreements – Crime and Courts Act 2013, section 45 and schedule 17 – Corruption – Conspiracy.

R v CLEMENTS

[2020] Lloyd's Rep. FC 99

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

FUSEON LTD v SENIOR COURTS COSTS OFFICE AND ANOTHER

[2020] Lloyd's Rep. FC 104

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).

AA v PERSONS UNKNOWN AND OTHERS

[2020] Lloyd's Rep. FC 127

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

R v SOLANKI AND ANOTHER

[2020] Lloyd's Rep. FC 143

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

NATIONAL CRIME AGENCY v HUSSAIN AND OTHERS

[2020] Lloyd's Rep. FC 158

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.

R (PRICE) v SNARESBROOK CROWN COURT (CROWN PROSECUTION SERVICE, INTERESTED PARTY)

[2020] Lloyd's Rep. FC 178

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.

RE NATIONAL CRIME AGENCY

[2020] Lloyd's Rep. FC 187

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.

HAJIYEVA v NATIONAL CRIME AGENCY

[2020] Lloyd's Rep. FC 199

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

BANK ST PETERSBURG PJSC AND ANOTHER v ARKHANGELSKY AND ANOTHER OSLO MARINE GROUP PORTS LLC (ADDITIONAL PARTY/APPELLANT)

[2020] Lloyd's Rep. FC 211

Banking and finance – Conspiracy to defraud – Standard of proof – Illegality – Bribery – Civil procedure – Appeals – Inferences from primary findings of fact – Judgments – Delay.

NATIONAL CRIME AGENCY v BAKER AND OTHERS

[2020] Lloyd's Rep. FC 240

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 281

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.

DINES AND OTHERS v DIRECTOR OF PUBLIC PROSECUTIONS

[2020] Lloyd's Rep. FC 287

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.

IN THE MATTER OF BENEDICTA OJEBODE (ALSO KNOWN AS BENEDICTA OJEBODE OLUREMILEKUN THOMAS) AND IN THE MATTER OF THE CRIMINAL JUSTICE ACT 1988

[2020] Lloyd's Rep. FC 302

Certificate of inadequacy – Confiscation – Assets – Schedule of assets – Evidence – Criminal Justice Act 1988, section 83 – Proceeds of Crime Act 2002, section 23.

SERIOUS FRAUD OFFICE v BARCLAYS PLC AND ANOTHER

[2020] Lloyd's Rep. FC 319

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.

R v BARCLAYS PLC AND BARCLAYS BANK PLC

[2020] Lloyd's Rep. FC 325

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.

R v VARLEY AND OTHERS

[2020] Lloyd's Rep. FC 331

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 HILTON

[2020] Lloyd's Rep. FC 339

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).

ZXC v BLOOMBERG LP

[2020] Lloyd's Rep. FC 346

Privacy – Identifying subject of criminal investigation – Confidentiality of letters of request – Balancing interest in publication – ECHR, articles 8 and 10.

BARTON AND ANOTHER v R

[2020] Lloyd's Rep. FC 368

Dishonesty – Stare decisis – Obiter dicta – Instruction of the Supreme Court in conflict with decision of the Court of Appeal.

THE OFFICIAL RECEIVER v SKEENE AND ANOTHER

[2020] Lloyd's Rep. FC 391

Affirmations – Directors Disqualification Proceedings – Disclosure – Serious Fraud Office – Permission – Civil Procedure Rules 31.22, 32.12, 32.15.

WILLIAMS v THE SUPERVISORY AUTHORITY (ANTIGUA AND BARBUDA)

[2020] Lloyd's Rep. FC 401

Civil recovery – Freezing orders – Constitutional rights.

FINANCIAL CONDUCT AUTHORITY v SKINNER AND OTHERS

[2020] Lloyd's Rep. FC 422

Financial Services Regulation – Financial Conduct Authority – Restitution orders – Knowing concern – Required knowledge – Financial Services and Markets Act 2000, sections 19, 21 and 382 – Communication of financial promotion of share issues not made or approved by authorised person – Financial Service Act 2012, sections 3 and 89 – False or misleading statements.

R (NATIONAL CRIME AGENCY) v LEAHY AND OTHERS

[2020] Lloyd's Rep. FC 452

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.

PCP CAPITAL PARTNERS LLP AND ANOTHER v BARCLAYS BANK PLC

[2020] Lloyd's Rep. FC 460

Dishonest representations – Legal professional privilege – Waiver.

R (TERRA SERVICES LTD) v NATIONAL CRIME AGENCY AND OTHERS

[2020] Lloyd's Rep. FC 477

Mutual Legal Assistance – Search warrant – Covert search and examination – Letter of Request.

FAERMAN v DIRECTOR OF THE SERIOUS FRAUD OFFICE

[2020] Lloyd's Rep. FC 491

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 (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 503

Private prosecutions – Application to dismiss – Application for prosecution costs out of central funds – Judicial review.

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 580

Adding parties – Joining parties – National Crime Agency – Proceeds of crime – Money laundering – Mandatory orders – Arbitration – Hearing in private – Escrow account.

LLR: Financial Crime