header-logo header-logo

27 May 2020 / Tom Forster KC
Issue: 7888 / Categories: Features , Criminal
printer mail-detail

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

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll