SFO preference
for civil recovery orders is despite misgivings about their legitimacy as expressed by Thomas LJ in the Innospec case in April 2010.
Not exact matches
Our expertise in the pursuit and defence of
civil fraud claims, particularly in the commercial context, extends from the early advisory stages and the obtaining (or resisting) of urgent freezing and search
order relief (including dealing with the cross-jurisdictional issues that may arise and enforcement through applications
for contempt and other measures), through to trial and the tracing and
recovery of assets both in the UK and internationally.
Whether the conditions
for the making of a disclosure
order under the Proceeds of Crime Act 2002 existed or did not exist was essentially a question of fact, the question being whether there were «reasonable grounds
for believing» that the material relied upon by the Serious Organised Crime Agency was likely to be of substantial value and that it was in the public interest that the material should be produced or that access to it should be given having regard to: (a) the benefit likely to accrue to the
civil recovery investigation if the material was obtained; and (b) the circumstances under which the person concerned had any of the material in his possession, power or control (criteria (a) and (b)-RRB-.
In
order for accident victims to obtain the
recovery they deserve, they will need to file their own
civil lawsuit.
JP SPC 4 & Others v Timothy Schools & Others Led by Paul McGrath QC and David Peters, instructed by Anne McCarthy of K&L Gates, in a
civil fraud claim and related applications arising out of a worldwide freezing
order,
for the
recovery of over # 100 million invested by Cayman Islands investment funds in the UK litigation funding market.
He held that it would «rarely be appropriate
for criminal conduct by a company to be dealt with by means of a
civil recovery order».
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.
Such an
order vested the relevant property in «the trustee
for civil recovery».
Unless there is a sea change in approach from the next SFO Director (David Green QC's tenure ends in early 2018),
civil recovery orders for cases of serious economic crime are likely, in most cases, to be a thing of the past.
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