Current Awareness - selection of recent judgments/publications etc
Jurisdiction
25th February
Skatteforvaltningen (Danish Customs and Tax Divisions) v Solo Capital Partners LLP (In Special Administration) [2022] EWCA Civ 234
The Court of Appeal examined the jurisdiction to entertain an action for the enforcement, either directly or indirectly, of a penal, revenue or other public law of a foreign state. The court below had found that a claim by the Danish tax authority to recover tax refunds said to have been induced by the fraudulent misrepresentations of entities based in England was a claim directly or indirectly to enforce a foreign tax law. The Danish tax authority, as a victim of fraud, sought only the restitution of monies of which it had been defrauded; its claims were therefore not inadmissible.
https://www.bailii.org/ew/cases/EWCA/Civ/2022/234.html
21st January
Kireeva v Bedzhamov; Vneshprombank LLC v Bedzhamov; Basel Properties Ltd v Kireeva [2022] EWCA Civ 35
A judge had been wrong to recognise a Russian bankruptcy order at common law, and to recognise the receiver appointed under the Russian order as trustee in bankruptcy in relation to property in England, where the bankrupt alleged that the order had been obtained by fraud. The judge had not been entitled to discount the bankrupt's account without him being cross-examined. However, the judge had been right to find that there was no common law power to vest English immovable property in the receiver.
https://www.bailii.org/ew/cases/EWCA/Civ/2022/35.html
International - Economic Crime/Terrorist Financing/Sanctions
2nd March
Economic Crime (Transparency and Enforcement) Bill
A Bill to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain circumstances; to make provision about unexplained wealth orders; and to make provision about sanctions.
https://bills.parliament.uk/bills/3120
1st March
Law Society Guide to the UK sanctions regime
Sets out information on the criminal offences under the regime, how to carry out a risk assessment, the sanctions lists and solicitor reporting obligations.
https://www.lawsociety.org.uk/en/topics/anti-money-laundering/sanctions-guide
7th March
CILEx Regulation
Reminds firms of their obligations in ensuring all measures and restrictions are complied with following the UK Government imposition of sanctions on Russia
https://cilexregulation.org.uk/2022/03/07/financial-sanctions-russia-and-your-responsibilities/
March
Bar Standards Board (BSB) guidance for barristers, chambers and BSB entities about compliance with sanctions obligations
https://www.barstandardsboard.org.uk/for-barristers/compliance-with-your-obligations/sanctions.html
Crypto-Currency
4th March
CLM v various [2022] SGHC 46
Singapore High Court decision in which cryptocurrency is determined to be property.
https://cloud.33cllaw.com/index.php/s/YRXLYfhQbZho3tT
Proceeds of Crime
R v Andrewes
Permission has been granted by Supreme Court. Hearing on 22nd June 2022. Martin Evans QC appearing for the Appellant.
In the lower Court, the Court of Appeal quashed a confiscation order as disproportionate where the defendant had applied for and obtained employment on the basis of statements about his qualifications and experience that were false and misleading, but had performed the employment competently and lawfully, giving full value for the remuneration received.
https://www.bailii.org/ew/cases/EWCA/Crim/2020/1055.html
R v Luckhurst
Permission has been granted by Supreme Court. Hearing on 8th June. Kennedy Talbot QC appearing for the Crown
Issues at Court of Appeal as to release of living and legal expenses.
https://www.bailii.org/ew/cases/EWCA/Crim/2020/1579.html
2nd November
O’Connor v CPS [2021] EWHC 2900 (Admin)
Application for a Certificate of Inadequacy. Application refused following existing caselaw.
https://www.bailii.org/ew/cases/EWHC/Admin/2021/2900.html
Contempt
2nd March
Business Mortgage Finance 4 Plc v Hussain [2022] EWHC 449 (Ch)
The court waived procedural defects where there was no injustice to the defendant in doing so. The court also granted a retrospective application to dispense with personal service where the defendant knew of the order and understood the serious consequences of breaching it, there were good reasons for not effecting personal service and there was no prejudice to the defendant in dispensing with that requirement.
https://www.bailii.org/ew/cases/EWHC/Ch/2022/449.html
Criminal Appeals
8th February
R v T [2022] EWCA Crim 108
The approach that the COA should take on appeals following a guilty plea.
https://www.bailii.org/ew/cases/EWCA/Crim/2022/108.html
11th January
R. (Cleeland) v Criminal Cases Review Commission [2022] EWCA Civ 5
Consideration of some of the tests that the Criminal Cases Review Commission should follow when determining whether to refer cases to the CACD.
https://www.bailii.org/ew/cases/EWCA/Civ/2022/5.html
27th October
Chief Constable of Lancashire v Preston CC [2021] EWHC 2869 (Admin)
Appropriate processes for reviewing decisions in Magistrates' Court.
https://www.bailii.org/ew/cases/EWHC/Admin/2021/2869.html
HMRC
Made 14th February, In force 9th March
Money Laundering and Terrorist Financing (Amendment) Regulations 2022 (SI 2022/137) -
Registration of trusts with HMRC's Trust Registration Service -
https://www.legislation.gov.uk/uksi/2022/137/contents/made
30th November
Mandatory Disclosure rules – Consultation
An HMRC consultation sought comments on the design of draft regulations requiring the disclosure of certain arrangements to HMRC. The model rules require taxpayers and intermediaries to disclose information on these types of arrangements and structures to HMRC. Consultation closed on 8 February 2022. Consultation document and Law Society response via links below:
Financial Services
31st August
Jon Frensham v The Financial Conduct Authority [2021] UKUT 222 (TCC) - Upper Tribunal considered the FCA's approach in withdrawing approval for individual to carry out regulated activity following a conviction unrelated to financial services.
https://www.bailii.org/uk/cases/UKUT/TCC/2021/222.html
Setting Aside a Judgment for Fraud
24th November
Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766
A judge had been wrong to refuse to set aside a judgment in default on the basis that it had been obtained by fraud where there was overwhelming evidence that both the defendant and the court had been deceived. Also, it had not been an abuse of process for the defendant to make a claim to set aside the judgment for fraud. There was no principle that a party could not set aside a judgment for fraud on the basis of evidence or facts which he knew about before trial.
https://www.bailii.org/ew/cases/EWCA/Civ/2021/1766.html
Strike-Out - "Warehousing" of litigation
14 January
Mr Ali Fozan Alfozan v Mr Husamaldean Alrasheed, Quastel Midgen LLP [2022] EWHC 66 (Comm)
Claim was struck out as an abuse of process on the basis that the claimant had no genuine intention to progress the claim and because the imposition of lesser orders was unlikely to cause him to conduct the litigation properly.
https://www.bailii.org/ew/cases/EWHC/Comm/2022/66.html
Court Processes and Guidance
Into force 4th April 2022
Criminal Procedure (Amendment) Rules 2022 (SI 2022/45) - various revisions to the CPR
https://www.legislation.gov.uk/uksi/2022/45/contents/made
14th February
Message from the Lord Chief Justice – Remote Attendance by Advocates in the Crown Court - Guidance, not a practice direction, as to how crown courts should be looking at their decisions to list in person or remotely. CLW summary below, LCJ's message via the link
7th February
Queen's Bench Guide 2022 - revised guide.
https://cloud.33cllaw.com/index.php/s/KpuKlGloPkAh66H