Jul 11, 2018 Shortcomings in the Victims Right to Review Scheme The ruling in R v Killick prompted the introduction of the Victims Right to Review Scheme (‘VRRS’) which applies to all qualifying cases from 5 June 2013. This scheme gives the victims of crime the ability to request a review of certain decisions by the CPS. It gives effect not only to the principles established by the Court of Appeal in Killick but also the EU Directive on the Rights of Victims of Crime which establishes ‘the minimum standards on the rights, support and protection of victims of crime’. Under the VRRS a victim can request a review of the following ... Read More
Jul 5, 2018 Court orders defendant subject to worldwide freezing order to provide disclosure of legal expense funding On 8 June 2018 the Commercial Court handed down the latest judgment in the long-running saga of the Ablyazov litigation. The judgment illustrates the practical steps which may be taken in order to police compliance with an asset freezing order in commercial litigation. Since 2009 Kazakhstan’s BTA Bank of has been attempting to recover billions of dollars’ worth of misappropriated assets from its former chairman Mukhtar Ablyazov and his associates, including his son-in-law Ilyas Khrapunov. In the current claim BTA alleges that Mr Khrapunov conspired with Mr Ablyazov to prevent ... Read More
Jun 21, 2018 U.K.—Unexplained Wealth Orders Explained The Criminal Finances Act 2017 introduced several new weapons to aid in the fight against “dirty money.” Receiving the lion’s share of the fanfare were the strict liability corporate offences of failure to prevent the criminal facilitation of domestic and foreign tax evasion. No doubt their publicity has been helped by the corporate panic that comes with the spectre of unlimited fines and confiscation of assets. Unexplained Wealth Orders (“UWOs”) are, perhaps, less well understood despite their potentially immediate and huge impact. They are now in force and, ... Read More
May 29, 2018 Gulf Air BSC (C) v One Inflight Ltd & Ors [2018] EWHC 1019 (Comm). Introduction The Commercial Court recently gave guidance on the interchangeable use of the terms 'knowledge' and 'belief' in Gulf Air BSC (C) v One Inflight Ltd & Ors [2018] EWHC 1019 (Comm). Facts This was a dispute over an In-Flight Entertainment Contract ("IFE Contract") entered between Gulf Air B.S.C ("Gulf Air") and an entity referred to as Global One Media ("Global One") whereby Global One was to provide the IFE Contract services. In fact, Global One did not exist. Instead the services were provided by another entity, One Inflight ... Read More
May 29, 2018 Good Faith in Contract: the English Position The performance of contracts and the conduct of contracting parties is at the heart of many commercial disputes. However, contracting parties may find it surprising that the conduct expected of them varies across the common law world and that the position in England is different than other major common law jurisdiction. Canada, the United States, and Australia all imply a general duty of good faith in the performance of contracts. In England, however, the courts have repeatedly refused to embrace such a duty. In this blog post I will explore what the duty of good faith contract performance ... Read More
May 2, 2018 Supreme Court extends scope of Freezing Orders through the tort of conspiracy Introduction The Supreme Court has recently issued a landmark decision in the long running litigation involving Mr Mukhtar Ablyazov. In JSC BTA Bank v Khrapunov [2018] UKSC 19, the Supreme Court clarified the law in relation to unlawful means conspiracy and provided some useful guidance on what constitutes an “unlawful means”. This decision also impacts the scope and effect of Freezing Orders obtained by claimants. Facts Mr Ablyazov was the former chairman and controlling shareholder of JSC BTA Bank and was removed from office when the Bank was nationalised in 2009. He ... Read More
Apr 18, 2018 Confiscation Orders and the Impact of Part Payment on Default Sentences A recent decision has clarified the position in respect of the calculation of reductions for default sentences when Confiscation Orders are not settled within the prescribed timeframe. Ilana Baines considers the impact of the Supreme Court ruling in R (on the application of Gibson) v Secretary of State for Justice [2018] UKSC 2 The proceedings concerned the enforcement of confiscation orders made by the Crown Court upon conviction. Almost 20 years ago the appellant was convicted of a drug trafficking offence and was sentenced to 25 years’ imprisonment. At a Confiscation hearing a year ... Read More
Apr 13, 2018 Court of Appeal on litigation privilege – defendant’s statement provided to company solicitors admissible On 25 January 2018 the Court of Appeal Criminal Division in R v Jukes [2018] EWCA Crim 176 dealt with the question when a criminal prosecution can be said to be in reasonable contemplation. In the case of R v Jukes it mattered for the decision whether a statement provided by the appellant in the case was admissible in evidence or not. The facts were as follows. The appellant was the transport and operations manager of a waste and recycling company based in Bootle. A baling machine was used to compress paper and cardboard into bales. The baling machine was situated in a so-called compaction ... Read More
Apr 4, 2018 CPS Disclosure Failings – What Next? In recent months CPS disclosure failings have sparked the interest of the nation, not just criminal lawyers. Such interest is understandable, as the criminal justice system has the potential to impact any individual. It needs to be a system in which there are assurances that cases are brought justly and in accordance with the clear guidance. One key element is disclosure. At the outset, the focus was on the collapse of two rape cases, in which crucial relevant material had not been disclosed. This led to a joint review by the CPS and the Metropolitan Police Service of the disclosure process ... Read More