i-law

LLR: Financial Crime Plus

R v WOOD

[2023] Lloyd's Rep. FC Plus 1
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 SAROYA

[2023] Lloyd's Rep. FC Plus 2
Confiscation proceedings

R v BOND

[2023] Lloyd's Rep. FC Plus 3
Disclosure - Failure to disclose material relevant to legal applications - Decisions regarding conduct of defence case - Abuse of Process - Application to adduce guilty pleas - Safety of convictions.

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 Plus 7
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 Plus 8
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 Plus 9
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 Plus 10
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 Plus 11
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 Plus 12
EU restrictive measures - Syria - Manifest error of assessment - Mistaken identity - Legal certainty - Legitimate expectations.

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

[2023] Lloyd's Rep. FC Plus 13
Sanctions - Belarus - Reasonable grounds to suspect - Threshold test - Correct approach on application for judicial review.

FRESH VIEW SWIFT PROPERTIES LTD v WESTMINSTER MAGISTRATES' COURT

[2023] Lloyd's Rep. FC Plus 14
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.

DIRECTOR OF THE SERIOUS FRAUD OFFICE v KALLAKIS

[2023] Lloyd's Rep. FC Plus 15
Confiscation orders - Reconsideration of available amount - Available assets - Third parties - Tainted gifts.

MARKOU v FINANCIAL CONDUCT AUTHORITY

[2023] Lloyd's Rep. FC Plus 16
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 Plus 17
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 Plus 18
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 Plus 19
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.

R v COOPER AND OTHERS

[2023] Lloyd's Rep. FC Plus 20
Sentencing - Totality - Primary offending - Money laundering.

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

[2023] Lloyd's Rep. FC Plus 21
Sanctions - Effect of designation - Proportionality - Meaning of "associated with".

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

[2023] Lloyd's Rep. FC Plus 22
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 ECCLESTONE

[2023] Lloyd's Rep. FC Plus 23
Proceeds of crime - Assessment of benefit - Factual findings - Relationship with sentence.

MINTS AND OTHERS v PJSC NATIONAL BANK AND ANOTHER

[2023] Lloyd's Rep. FC Plus 24
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 (FRIDMAN) v HM TREASURY, ATHLONE HOUSE LTD (INTERESTED PARTY)

[2023] Lloyd's Rep. FC Plus 25
Restrictive measures - Licensing - Basic needs - Prior obligations - Scope of discretion

WM, SOVIM SA v LUXEMBOURG BUSINESS REGISTERS

[2023] Lloyd's Rep. FC Plus 26
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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