The confiscation proceedings in the case of London Borough of Ealing v Ali Bahbahani set Foundry Chambers’ Ellis Sareen (prosecuting for the London Borough of Ealing) against Benjamin Waidhofer (instructed by Fadi Daoud at Lawrence & Co).

The case began as long ago as 2013. Following proceedings in the Ealing Magistrates’ Court, the Isleworth Crown Court, the Administrative Court, the Court of Appeal (Criminal Division) and the Divisional Court, on 06 June 2019, Lord Justice Holroyde and Mr Justice Dove handed down their judgment in R (Bahbahani) v Ealing Magistrates Court [2019] EWHC 1385 (Admin), [2020] QB 478 which began as follows: “The facts of this case are extraordinary, and we think it almost inconceivable that they will ever be replicated.”

In the order that followed, a confiscation order of £4,310,311 was quashed and as a result, the case was re-listed at the magistrates’ court for a first appearance.

Following the defendant’s failure to attend the magistrates’ court, the London Borough of Ealing succeeded in an application for a management receiver. In August 2022, the prosecution applied for confiscation in absence pursuant to section 28 of the Proceeds of Crime Act 2002, a provision which enables the Court to proceed with confiscation when a defendant has absconded but has been “neither convicted nor acquitted”.

In January 2024, a confiscation order was made by agreement, with the defendant’s benefit assessed as the assets realised by the receiver (in the region of £1.5 million) and the amount to pay pursuant to the confiscation order as £1,283,444.

Following further applications pursuant to section 23 POCA 2002, the quantum of the order was reduced to £1,193,334. This has now been fully paid from the proceeds of assets recovered by the receiver.

Ellis Sareen and Benjamin Waidhofer frequently appear on all sides of proceeds of crime and asset forfeiture proceedings. They are nationally recognised as leading juniors in Chambers & Partners for their work in respect of applications made pursuant to the Proceeds of Crime Act (POCA 2002), including some of the most factually and legally complicated confiscation and asset forfeiture cases. Benjamin is also recognised as a leading junior in this area of law by Legal 500. Any queries about this matter can be addressed to