Source: All England Reporter
Publisher Citation: [2012] All ER (D) 252 (Jul)
Neutral Citation: [2012] UKSC 35
Court: Supreme Court
Judge:

Lord Phillips P, Lady Hale, Lord Brown, Lord Judge, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed and Sir Anthony Hughes SCJJ

Representation Philip Jones QC, David Johnston QC and Daniel Lightman (instructed by Asserson Law Offices) for the appellants.
  James Eadie QC, Richard Keen QC, Sarah Harman, and Donald Lilly (instructed by Serious Organised Crime Agency Legal Department) for the respondent.
Judgment Dates: 25 July 2012

Catchwords

Proceeds of Crime - Civil recovery of proceeds of unlawful conduct - Civil recovery order - First appellant being convicted of criminal fraud in Israel - Serious Organised Crime Agency (SOCA) seeking to deprive first appellant and family of assets obtained in connection with fraud - SOCA obtaining worldwide property freezing order (PFO) and disclosure order (DO) under which notices addressed to appellants at UK address whilst appellants outside jurisdiction - Appellants appealing against PFO in so far as extending to property outside UK - Appellants appealing validity of DO - Court of Appeal dismissing appeals - Appellants appealing to Supreme Court - Extent to which civil recovery order could be made in respect of property outside the UK - Whether, in relation to the DO appeal, SOCA having authority to issue notices - , , Pts 2 - 5.

The Case

Proceeds of Crime Civil recovery of proceeds of unlawful conduct. The Supreme Court, having considered the in allowing the appellants' appeals against a worldwide property freezing order and a disclosure order in respect of which notices were addressed to the appellants all of whom were outside the jurisdiction, held that the High Court of England and Wales had no jurisdiction under Pt 5 of the Act to make a recovery order in relation to property outside England and Wales and orders for requests for information could only be exercised in respect of persons who were within the jurisdiction.

Practice Areas

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