Over recent years, there has been a marked increase in the volume and complexity of cases concerning the forfeiture of assets said to have been derived from crime, in both civil and criminal proceedings. In addition, the Proceeds of Crime Act 2002 and associated regulations have made advice in relation to money laundering issues of great importance to professional and lay clients alike.
5 St Andrew's Hill is a set of leading London asset forfeiture and confiscation barristers, and has been involved in this area of work for many years. Members act for both applicants and respondents, and have appeared in many of the leading cases in this fast-developing and increasingly important area.
Chambers can provide specialist advocacy and advice in asset forfeiture and confiscation, as well as civil recovery and condemnation actions.
Confiscation is the process which follows conviction in criminal proceedings and by which defendants are deprived of their assets in sums up to the value of their criminal gain. Such proceedings may take place under the Criminal Justice Act 1988, Drug Trafficking Act 1994, or Proceeds of Crime Act 2002. Ancillary matters such as Restraint Orders, Disclosure Orders, Receiverships and other enforcement provisions may involve litigation in the High Court, Crown Court and Magistrates' Court, and in some cases, more than one court will have jurisdiction. Members of 5 St. Andrew's Hill have the knowledge and experience needed to handle all types of confiscation cases.
Civil Recovery encompasses the two forms of civil process which may lead to the forfeiture of assets from those who may never have been convicted in a criminal court:
- Recovery Orders may be sought by the Serious Organised Crime Agency in the High Court under the Proceeds of Crime Act 2002
- Cash Forfeiture proceedings may be brought in the Magistrates' Court following seizure by Police or HM Revenue and Customs under the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002.
Condemnation is the civil process whereby seizures of goods by HM Revenue & Customs may be challenged in the High Court or Magistrates' Court. Alternative remedies may also be pursued in the VAT and Duties Tribunal. This procedure most commonly applies where tobacco or alcohol have been seized, but it may also involve endangered species, goods subject to sanctions or export control, and often involves issues of European Law.
To schedule a consultation about your case, please contact 5 St. Andrew's Hill.
