Asset Recovery, Restraint and Confiscation 2018-10-09T08:39:42+00:00

ASSET RECOVERY, RESTRAINT AND CONFISCATION

Asset Recovery, Restraint and Confiscation

The Proceeds of Crime Act 2002, and the legislation that preceded it, created wide powers to deprive individuals and businesses of their assets. Some of these powers are exercisable on the grounds of reasonable suspicion alone. Increasingly they are employed not only by the Crown Prosecution Service and the Serious Fraud Office, but by regulatory and local authority prosecutors, and by private prosecutors. Additionally, the Customs and Excise Management Act gives the UK authorities powers to seize and detain goods brought into the UK, as well as the vehicles used to transport them.

Foundry Chambers has members who are leaders in this field. We assist and represent individuals and businesses seeking to keep control of their assets, regularly appearing in the Crown Court, the High Court, magistrates’ courts, and the First Tier and Upper Tribunals in connection with this work. We also act for prosecutors and other applicants seeking orders from the court, and for third parties claiming an interest in assets.

In restraint proceedings, a court is requested to freeze the assets belonging to an individual or business. These orders are usually made without notice to the persons concerned, and can in some circumstances cripple an otherwise successful business. Members of Foundry Chambers act for persons affected by restraint orders in applications to discharge or vary, as well as for prosecutors or other applicants seeking orders from the court.

In confiscation proceedings following a conviction for a criminal offence, the prosecutor asks the court to order the defendant to pay a sum of money by way of confiscation, or to face a sentence of imprisonment in default. Members of Foundry Chambers represent prosecutors and defendants at confiscation hearings, at enforcement hearings, and on applications for the appointment of an enforcement receiver. Members also represent third parties: individuals or corporations who have an interest in assets said to be the property of the defendant, who are increasingly expected to raise any claim they have to assets during the confiscation proceedings.

Cash detention and forfeiture proceedings arise when the police or another investigating authority seize cash or cheques. Failure to contest the proceedings will result in the cash being forfeited. Members of chambers offer advice and representation to individuals and businesses whose cash has been seized, authorities applying for detention and forfeiture, and third parties claiming an interest in the cash.

When officers acting on behalf of the Director of Border Revenue or Her Majesty’s Revenue and Customs seize dutiable or prohibited goods, generally at a port or airport, the owner must take action to recover the goods if they are not to be permanently deprived of them. This can lead to magistrates’ court condemnation proceedings, or proceedings for restoration of seized goods in the First Tier Tax Tribunal. Members of Foundry Chambers offer advice and representation to importers and others with an interest in seized goods, as well as acting for the Director of Border Revenue and HMRC.

BARRISTERS WITH THIS EXPERTISE

Lord Carlile of Berriew CBE QC

LORD CARLILE OF BERRIEW CBE QC

Year of Call: 1970. Appointed QC: 1984

John McGuinness QC

JOHN MCGUINNESS QC

Year of Call: 1980. Appointed QC: 2001

Alexandra Healy QC

ALEXANDRA HEALY QC

Year of Call: 1992. Appointed QC: 2011

William Hughes QC

WILLIAM HUGHES QC

Year of Call: 1989. Appointed QC: 2013

Richard Jory QC

RICHARD JORY QC

Year of Call: 1993. Appointed QC: 2013

Mark Bryant-Heron QC

MARK BRYANT-HERON QC

Year of Call: 1986. Appointed QC: 2014

James Waddington QC

JAMES WADDINGTON QC

Year of Call: 1983. Appointed QC: 2015

Jason Sugarman QC

JASON SUGARMAN QC

Year of Call: 1995. Appointed QC: 2017

Alisdair Smith

ALISDAIR SMITH

Year of Call: 1981

David Harounoff

DAVID HAROUNOFF

Year of Call: 1984

Lawrence Mark Henderson

LAWRENCE MARK HENDERSON

Year of Call: 1990

Mark Seymour

MARK SEYMOUR

Year of Call: 1992

Mary Poku

MARY POKU

Year of Call: 1993

Warwick Tatford

WARWICK TATFORD

Year of Call: 1993

Stephan Alfred

STEPHAN ALFRED

Year of Call: 1996

Sarah Selby

SARAH SELBY

Year of Call: 1998

Nicholas Dunham

NICHOLAS DUNHAM

Year of Call: 1999

Elizabeth Lowe

ELIZABETH LOWE

Year of Call: 1999

Paul Sharkey

PAUL SHARKEY

Year of Call: 2000

Nick Chapman

NICHOLAS CHAPMAN

Year of Call: 2001

J. Alastair Smith

J. ALASTAIR SMITH

Year of Call: 2001

Anu Mohindru

ANU MOHINDRU

Year of Call: 2004

Mike Newbold

MICHAEL NEWBOLD

Year of Call: 2004

Szilvia Booker

SZILVIA BOOKER

Year of Call: 2005

Daniel Sternberg

DANIEL STERNBERG

Year of Call: 2006

Tom Hoskins

TOM HOSKINS

Year of Call: 2007

Ellis Sareen

ELLIS SAREEN

Year of Call: 2008

Benjamin Waidhofer

BENJAMIN WAIDHOFER

Year of Call: 2008

James Jackson

JAMES JACKSON

Year of Call: 2009

Jonathan Underhill

JONATHAN UNDERHILL

Year of Call: 2008

Natalie McNamee

NATALIE MCNAMEE

Year of Call: 2011

Jessica Tate

JESSICA TATE

Year of Call: 2012

Merry Van Woodenberg

MERRY VAN WOODENBERG

Year of Call: 2012

Charlotte Glaser

CHARLOTTE GLASER

Year of Call: 2013

Sophie Murray

SOPHIE MURRAY

Year of Call: 2013

Christopher Harper

CHRISTOPHER HARPER

Year of Call: 2013