Tom Hoskins succeeds in an appeal by way of case stated in a “fearsomely complex” POCA case before the Divisional Court who praised his “conspicuously thorough and well-researched written submissions”.
The case of In the Matter of National Crime Agency  EWHC 268 (Admin) Tom, instructed by the NCA, appealed the decision of Preston Crown Court. The Crown Court found it lacked the power to make a Disclosure Order over certain bank accounts because these accounts were the subject of account freezing orders obtained by a separate law enforcement agency before the instigation of the NCA’s money-laundering investigation.
Although the Crown Court Judge was of the view that “Parliament could not be clearer in its language” in disallowing a Disclosure Order, Tom argued this decision was wrong based on statutory interpretation and legislative intent. The Divisional Court agreed (as did an advocate for the court which was instructed after Tom’s submissions were received). Tom was also called upon to address complex jurisdictional points and prevailed in persuading the Divisional Court that the case stated procedure was the correct one to follow, notwithstanding authority to the contrary.