Civil recovery—enforcement abroad
Civil recovery—enforcement abroad

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Civil recovery—enforcement abroad
  • Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013
  • Civil recovery of unlawful conduct following the Crime and Courts Act 2013
  • Content of POCA 2002, s 282B to 282F

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013

Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the 25 April 2013, the Supreme Court held in Perry that the High Court had no jurisdiction under Part 5 of the Act to make a civil recovery order in respect of property located outside the UK.

Following the decision in Perry, the High Court considered Azam in which the Serious Organised Crime Agency (SOCA) argued that the property freezing order had been valid at the time it was made, ie prior to the decision in Perry, and therefore that the monies were validly transferred to the UK. In seeking to apply Perry, Azam relied on the decision in HM Advocate v Cadder, in which the Supreme Court held that a new statement of

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