Asset Forfeiture
This is an exciting and rapidly developing area of law in which a core group of members of chambers are now considered experts and consulted on cases of particular sensitivity and importance. They include contributors to and the editors of Proceeds of Crime Review No 1 2008 a new journal for all practitioners involved with Asset forfeiture.
Our practitioners have been involved in some of the key decisions in the field, for example:
Assets Recovery Agency v Charrington & Ors [2004] EWHC 1821
- the first case in which summary judgment was used in a civil recovery case: counsel: David Barnard
Assets Recovery Agency v Creaven and Ors [2005] EWHC 2726 Admin
- civil recovery of £18 million following groundbreaking mediation: David Barnard, John Law and Richard Sharpe
R v K and Ors [2006] EWCA Crim 724
- piercing the corporate veil – David Barnard and Mark Stanger
Although much of the work is undertaken near chambers in the Administrative Court at the Royal Courts of Justice our team do travel further afield, for example to Crown Courts who now oversee the restraint, receivership and confiscation jurisdictions, and to Magistrates’ Courts deciding cash detention and forfeiture cases.
The principle that “crime doesn’t pay” has been enshrined in legislation for over twenty years but it is only since the enactment of the Proceeds of Crime Act 2002 that the theory of stripping convicted criminals of their assets has become reality. It is now at the heart of Government criminal justice policy and likely to remain a central part of the legal landscape for the foreseeable future. The development of anti money laundering measures means that an increasing number of cases will have an asset forfeiture angle and professionals, especially solicitors, are often in need of advice. Chambers has an advantage in being able to offer clients practitioners who have a wide background in civil or family litigation as well as experience in criminal prosecutions. We consider that this combination provides a better understanding of the issues and tactics than a narrow specialism in either crime or civil.
We are regularly instructed in these matters by the Revenue and Customs Prosecution Office (“RCPO”), HM Revenue and Customs Solicitor’s Office, and the CPS and other government bodies as well as receivers and individuals. This involves advisory work and appearances in the High Court and below on applications, injunctions and trials. More recently members of chambers have been involved in two substantial mediations - an increasingly popular method of dispute resolution in asset forfeiture cases.
One area of experience is cash detention and forfeiture proceedings in the Magistrates Courts, often involving many hundreds of thousands of pounds. The other areas in which we have particular strength are the complex and technical proceedings for without notice Restraint Orders in the High Court and Crown Court as well as Freezing Injunction proceedings in the High Court.
The types of work we undertake include:-
- Freezing Injunctions in Civil Recovery proceedings
- Restraint and Receivership Orders
- Cash detention and forfeiture applications
- Confiscation proceedings
- Certificates of Inadequacy applications
- Confiscation enforcement
Examples of current and recent work include:-
- Enforcement of multi-million pound confiscation order for MTIC fraud instructed by RCPO
- Prosecution of doctor for regulatory offences relating to bogus “fat reduction” treatment for the Department of Health
- Advising non-domiciled private client subject to multi-million pound restraint order subject to a restraint order
Practice Team members
David Barnard (1967 call)
Richard Bendall (1979)
Thomas Cleeve (1993)
Shaun Esprit (1996)
John Law (1996)
Piers Harrison (1997)
Mark Stanger (1998)
Richard Sharpe (2002)
Elizabeth Nartey (2003)
Tom Beasley (2003)