- The Court of Appeal receives evidence in order to vary a confiscation order (London Borough of Barnet v Kamyab)
- What are the practical implications of this case?
- What was the background to the case?
- What did the court decide?
- What lessons can be learnt?
- Case details
Corporate Crime analysis: How does the Court of Appeal resolve a successful prosecution appeal against a confiscation order once it has decided that it will not quash or confirm the confiscation order? Its only option is to vary the confiscation order, but in order to do this it needs to have an established factual basis. LBB v Kamyab is an unusual case of a prosecution appeal against a confiscation order which succeeded but left the Court of Appeal unable to vary the confiscation order, because it lacked any factual findings about benefit and available amount. Gary Pons, a barrister at 5 St Andrew Hill examines the case in more detail and assesses the future implications of the judgment.
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