header-logo header-logo

Cashing in

12 May 2017 / Jasvinder Nakhwal , Nicholas Querée
Issue: 7745 / Categories: Features , Company
printer mail-detail
nlj_7745_nakhwal

The High Court has rejected a novel use of POCA 2002’s cash seizure powers, report Jasvinder Nakhwal & Nicholas Querée

  • Bunnvale tested the lawfulness of a strategy deployed by COLP to seize in excess of $21m from a number of offshore firms beneficially owned by Russian companies and nationals.
  • COLP decided not to seek a criminal restraint order under Pt 2 of POCA 2002, but sought instead to seize the funds as ‘cash’ pursuant to the summary seizure and detention powers provided by Pt 5, Chapter 3 of POCA 2002.
  • The court held that it was not Parliament’s intention when creating POCA 2002’s summary cash detention powers that they would be used to seize cash brought into existence at the instigation of COLP.

Ensuring that the UK economy is not used to launder the proceeds of international organised crime is a key priority of national policymakers and law enforcement. It is right that the police and other investigative agencies are equipped with the powers they need to maintain the integrity of UK markets,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll