i-law

LLR: Financial Crime

R v BOND

[2023] Lloyd's Rep. FC 1
Disclosure - Prosecution failure to disclose material - Relevance to legal applications - Relevance to conduct of defence case - Abuse of Process - Admissibility of guilty pleas.

R v SAROYA

[2023] Lloyd's Rep. FC 9
Confiscation proceedings

R v WOOD

[2023] Lloyd's Rep. FC 19
Confiscation orders - Reconsideration of available amount - Whether "new calculation" limited to assets held by defendant at time of reassessment - Proceeds of Crime Act 2002, sections 21 and 22.

R v ANDREWES

[2023] Lloyd's Rep. FC 35
Confiscation orders - CV fraud - Benefit from particular criminal conduct - Recoverable amount - Disproportionality.

FINANCIAL CONDUCT AUTHORITY v PAPADIMITRAKOPOULOS AND ANOTHER

[2023] Lloyd's Rep. FC 48
Preliminary issue - Financial services - Statutory interpretation of section 9 of the Crime (International Co-Operation) Act 2003 - Use of material obtained through mutual legal assistance - Whether claim should be struck out as an abuse of process.

SERIOUS FRAUD OFFICE v GLENCORE ENERGY UK LTD

[2023] Lloyd's Rep. FC 72
Crime - Corporate offending - Corruption - Guilty plea - Bribery Act - Bribery - Failure to prevent - Sentencing - Compensation - Confiscation - Cooperation.

NATIONAL CRIME AGENCY v WESTMINSTER MAGISTRATES' COURT (INGLISTON MANAGEMENT LTD, LODGE SECURITY TEAM LTD, PETR OLEGOVICH AVEN, INTERESTED PARTIES): R (INGLISTON MANAGEMENT LTD AND LODGE SECURITY TEAM LTD) v WESTMINSTER MAGISTRATES' COURT (NATIONAL CRIME AGENCY, PETR OLEGOVICH AVEN, INTERESTED PARTIES)

[2023] Lloyd's Rep. FC 85
Sanctions - Russian sanctions - Proceeds of Crime Act 2002 - The Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) - National Crime Agency - Account Freezing Orders - Ex parte application - Judicial Review - AFO variation - OFSI licenses - Application to set aside AFO.

PJSC NATIONAL BANK TRUST, PJSC BANK OTKRITIE FINANCIAL CORPORATION v BORIS MINTS AND OTHERS

[2023] Lloyd's Rep. FC 99
Sanctions - Russian sanctions - Effect of designation - Licensing - Stay of civil litigation - Ownership and control.

R (WORLD UYGHUR CONGRESS) v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND OTHERS

[2023] Lloyd's Rep. FC 133
Judicial review – Crimes and human rights abuses by China in Xinjiang – Foreign Prison-Made Goods Act 1897, section 1 – Customs and Excise Management Act 1979, sections 49 and 139 – Money laundering arising from human rights abuses – Proceeds of Crime Act 2002, sections 240, 241, 304 – 306, 328, 329 and 340 – Civil recovery.

R (MNL) v WESTMINSTER MAGISTRATES’ COURT (BRITISH BROADCASTING CORPORATION, MARTIN BENTHAM, THE NATIONAL CRIME AGENCY, INTERESTED PARTIES)

[2023] Lloyd's Rep. FC 161
Anonymity – Forfeiture – Money laundering – Non-parties – Open justice – Public interest – Reputation – Right to respect for private and family life.

CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK AG (LONDON BRANCH) and (1) CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD, (2) CONSTITUTION AIRCRAFT LEASING (IRELAND) 5 LTD (PART 8 CLAIMANT) v UNICREDIT BANK AG (LONDON BRANCH) (PART 8 DEFENDANT)

[2023] Lloyd's Rep. FC 181
Banking – Sanctions – Letters of credit – Statutory Interpretation – Aviation – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Russia Sanctions (EU Exit) (Amendment (No 3) Regulations 2022 (SI 2022 No 195).

ASSAAD v COUNCIL OF THE EUROPEAN UNION

[2023] Lloyd's Rep. FC 213
EU restrictive measures – Syria – Manifest error of assessment – Mistaken identity – Legal certainty – Legitimate expectations.

FRESH VIEW SWIFT PROPERTIES LTD v WESTMINSTER MAGISTRATES’ COURT

[2023] Lloyd's Rep. FC 244
Civil recovery – Forfeiture of assets – Recoverable property – Meaning of “obtains through unlawful conduct” – Discretion – Proportionality – Proceeds of Crime Act 2002, sections 242, 303Z14 and 304.

LLC SYNESIS v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2023] Lloyd's Rep. FC 252
Sanctions – Belarus – Reasonable grounds to suspect – Threshold test – Correct approach on application for judicial review.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v KALLAKIS

[2023] Lloyd's Rep. FC 266
Confiscation orders – Reconsideration of available amount – Available assets – Third parties – Tainted gifts.

MARKOU v FINANCIAL CONDUCT AUTHORITY

[2023] Lloyd's Rep. FC 285
Financial Conduct Authority – SMF1 – SMF3 – Authorised person – Regulated activity – Approved person – Fit and proper person – Controlled functions.

R (CHAPTER 4 CORP DBA SUPREME) v THE CROWN COURT AT SOUTHWARK, THE LORD CHANCELLOR (INTERESTED PARTY)

[2023] Lloyd's Rep. FC 346
Costs from central funds – Costs orders – Private prosecution – Jurisdiction – Judicial review – Rules of court.

PHILIPP v BARCLAYS BANK UK PLC

[2023] Lloyd's Rep. FC 359
APP fraud – Bank – Duty of care – Contractual relationship between bank and customer.

DALSTON PROJECTS LTD AND OTHERS v THE SECRETARY OF STATE FOR TRANSPORT

[2023] Lloyd's Rep. FC 385
Sanctions – Russian sanctions – Sanctions and Anti-Money Laundering Act 2018 (“SAMLA 2018”) – Sanctions Regulations – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – First Protocol of the European Convention on Human Rights (“A1P1”) – Judicial Review – Designated person – “Involved person” – Ships – Detention of super yacht – Disproportionate interference with property rights – Secretary of State detention powers – Public community interest.

GOPEE v THE CROWN COURT AT SOUTHWARK, THE FINANCIAL CONDUCT AUTHORITY (INTERESTED PARTY)

[2023] Lloyd's Rep. FC 401
Appeal – General Restraint Orders – Application to set aside – Requirement for hearings – Limitations of article 6 ECHR right to a hearing – Civil Procedure Rules Part 3.11 – Practice Direction 3C.

R v COOPER AND OTHERS

[2023] Lloyd's Rep. FC 413
Sentencing – Totality – Primary offending – Money laundering.

SHVIDLER v SECRETARY OF STATE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT AFFAIRS

[2023] Lloyd's Rep. FC 423
Sanctions – Effect of designation – Proportionality – Meaning of “associated with”.

MINTS AND OTHERS v PJSC NATIONAL BANK AND ANOTHER

[2023] Lloyd's Rep. FC 443
Civil proceedings – Economic sanctions – Claimant involved in ongoing litigation designated by UK Government preventing dealing in its assets or making available any assets to it – Whether court able to enter judgment on designated claimant's claim – Whether acts of designated person paying adverse costs order, satisfying order for security for costs, paying damages awarded in respect of cross-undertaking in damages, and payment of costs order in designated person's favour licensable – Whether designated person controls entity which is not personal asset of designated person but designated person able to exert influence over entity by virtue of political office – Sanctions and Anti-Money Laundering Act 2018, section 3(1)(a)(d) – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855), regulations 7(4), 11, 12, 64, Schedule 5, paras 3, 5.

R v ECCLESTONE

[2023] Lloyd's Rep. FC 485
Proceeds of crime – Assessment of benefit – Factual findings – Relationship with sentence.

R (FRIDMAN) v HM TREASURY, ATHLONE HOUSE LTD (INTERESTED PARTY)

[2023] Lloyd's Rep. FC 493
Restrictive measures – Licensing – Basic needs – Prior obligations – Scope of discretion.

WM, SOVIM SA v LUXEMBOURG BUSINESS REGISTERS

[2023] Lloyd's Rep. FC 515
Preliminary ruling – Money laundering – Terrorist financing – Public access to information on beneficial ownership – Respect for private and family life – Protection of personal data – Validity – Transparency – Proportionality – Directive (EU) 2018/843 amending Directive (EU) 2015/849 – Amendment to article 30(5)(c) – Charter of Fundamental Rights of the European Union, articles 7 and 8.

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