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03 March 2017 / Jonathan Fisher KC
Issue: 7736 / Categories: Features
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Digging the dirt: unexplained wealth orders

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Jonathan Fisher QC explores unexplained wealth orders

  • Several questions concerning the introduction of the unexplained wealth order remain unanswered

The proposed introduction of a free-standing procedure into the Proceeds of Crime Act 2002 (POCA 2002) which compels an individual to explain the source of his wealth is a radical development in English law. More usually, judges are required to decide upon matters relating to disclosure of information where the issue arises during civil proceedings, or where a defendant seeks to explain the legitimate origin of his assets in confiscation proceedings following criminal conviction.

Under the new provision, which is the first to be introduced by the Criminal Finances Bill 2016 and is to be known as an unexplained wealth order (UWO), there is no need for any civil or criminal proceedings to have been initiated. An enforcement authority may apply to the High Court in circumstances where an individual is a foreign politically-exposed person (PEP), or there are reasonable grounds to suspect that an individual has been involved in serious

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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