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06 June 2019 / Simon Davenport KC , Helen Pugh
Issue: 7843 / Categories: Features , Criminal
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Whose cash is it anyway?

After a fêted introduction, UWOs have had a stop-start beginning. But are things about to change, ask Simon Davenport QC & Helen Pugh 

  • There are various grounds of challenge to UWOs including disputing the ownership, value, income and PEP requirements and disputing non-compliance.
  • A trap for the unsuspecting lies in the wide use to which UWO information and documents can be put.

In the last couple of weeks unexplained wealth orders (UWOs) have once again been making a splash in the news. The few details released by the National Crime Agency (NCA) about the latest UWOs are sufficiently headline grabbing: ‘a politically exposed person believed to be involved in serious crime’; ‘three residential properties in prime locations’; and ‘bought for more than £80m and held by offshore properties’. The current anonymity of the subject of the UWOs—and their nationality—merely adds to the interest.

Russia and CIS states, and their citizens resident in London, have been a particular target of recent political and media attention on corruption (and other matters).

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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