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27 May 2020 / Tom Forster KC
Issue: 7888 / Categories: Features , Criminal
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Wealth beyond reach…for now

21418
No longer unexplained—unexplained wealth orders. Tom Forster QC provides an analysis of recent setbacks for the National Crime Agency
  • National Crime Agency v Baker and others: judgment relating to the discharge of unexplained wealth orders appealed.
  • Media attention: extraordinary allegations of unexplained wealth.
  • Procedure: a presumptive starting point and useful guidance.
  • The future: major weaknesses in UK’s defences against suspect funds should be addressed urgently.

On 8 April two prominent Kazakhstan nationals successfully persuaded the High Court to discharge three unexplained wealth orders (UWOs) (National Crime Agency v Baker and others [2020] EWHC 822 (Admin), [2020] All ER (D) 59 (Apr)).

The UWOs related to three London homes owned for the benefit of Nurali Aliyev and his Kazakh politician mother, Dariga Nazarbayeva. One property attracted particular media attention as it is located on The Bishops Avenue in Hampstead, London, so called ‘Billionaires Row’.

The National Crime Agency’s (NCA) case was that it suspected the properties were bought with funds embezzled by Mr Aliyev’s now dead

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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