The Serious Organised Crime Agency v Azam [2013] EWCA Civ 970 (31 July 2013) Successful appeal to the Court of Appeal resulting in a variation of a Property Freezing Order so as to allow Mr Azam to fund the defence of
civil recovery proceedings brought against him by SOCA.
This statement of Sullivan J was made by him in the judgment five paragraphs before he stated explicitly that one should not confuse and read across the provisions of POCA 2002 relating to
civil recovery proceedings with those provisions that relate to summary proceedings for cash forfeiture and detention.
Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery)[86] should prevent
civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.
Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery) 66 should prevent
civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.67
Not exact matches
The small - business owner has avoided the expense of
civil proceedings to obtain the judgment and can hire professionals to collect the
civil judgment for a percentage of the
recovery, saving the victim out - of - pocket collection expenses.
To further stall the criminal
proceedings against him and the Bank's bid to recover its funds, Innoson has been trying to distract the Bank from focusing on the criminal action, as well as
civil actions filed for
recovery of the debt.
The firm recently acted in matters relating to confiscation
proceedings, cash seizure, forfeiture, restraint orders, property freezing orders and
civil recovery orders under the Proceeds of Crime Act and tipping off offences in accordance with National Criminal Intelligence Service «NCIS».
The allegations span a number of years and a number of different sets of
proceedings ultimately resulting in a
civil recovery order.
This concerned
proceedings for
civil recovery under Pt 5 of POCA 2002 brought by the director of the Assets Recovery
recovery under Pt 5 of POCA 2002 brought by the director of the Assets
RecoveryRecovery Agency.
Procedures for the
recovery of such proceeds may take the form of
civil proceedings even though such applications are heard in the criminal courts.
It was accepted that the orders had implemented the first defendant lord chancellor's prior policy decision (the decision) that the principle of «full cost
recovery» in setting court fees (the principle) should be applied to public law family
proceedings; that the rationale for the decision had been a wish to fix fees at a level which reflected the true cost to the courts services and to replace the then extant model which involved heavy subsidisation; and that s 92 of the Courts Act 2003 (CA 2003) was relevant insofar as it empowered the lord chancellor to prescribe court fees by order, and that it set out obligations to «consult» specified judicial persons, the
Civil Justice Council in civil proceedings, and «persons likely to have to pay [fees]», prior to the making of any or
Civil Justice Council in
civil proceedings, and «persons likely to have to pay [fees]», prior to the making of any or
civil proceedings, and «persons likely to have to pay [fees]», prior to the making of any orders.
A
civil Court which consists of three divisions: - i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne)-
civil disputes for
recovery of money, including breach of contract, personal injuries, libel / slander; ii) Family - concerned with matrimonial maters and
proceedings relating to children, e.g. wardship; iii) Chancery - property matters including fraud and bankruptcy
Acted as counsel to a global financial services company in conducting an internal investigation and
civil / criminal
proceedings for
recovery of a multimillion - dollar fraud matter.