header-logo header-logo

06 August 2009
Issue: 7381 / Categories: Case law , Criminal
printer mail-detail

Civil recovery of proceeds of unlawful conduct

Serious Organised Crime Agency v Perry and others (proceedings under the Proceeds of Crime Act 2002) [2009] EWHC 1960 (Admin), [2009] All ER (D) 337 (Jul)

Whether the conditions for the making of a disclosure order under the Proceeds of Crime Act 2002 existed or did not exist was essentially a question of fact, the question being whether there were “reasonable grounds for believing” that the material relied upon by the Serious Organised Crime Agency was likely to be of substantial value and that it was in the public interest that the material should be produced or that access to it should be given having regard to: (a) the benefit likely to accrue to the civil recovery investigation if the material was obtained; and (b) the circumstances under which the person concerned had any of the material in his possession, power or control (criteria (a) and (b)). As with any question of fact the fact-finding body was entitled to draw legitimate inferences from all the material available.

Issue: 7381 / Categories: Case law , Criminal
printer mail-details

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll