Articles tagged with: Finance
By Amanda Cohen
Cypriot authorities are considering imposing levies on account holders to meet a condition of an IMF/ECB bailout to support Cypriot banks which have lost 4.5bn Euros on their holdings of Greek bonds. The first question to consider is whether this contravenes Art 1 of the First Protocol of the European Convention on Human Rights which protects the right to the peaceful enjoyment of property.
The First Protocol provides that:
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public …
By David Corker
The judgment of the Court of Appeal in R v Druce  EWCA 40 delivered on 31 January is a stark lesson in how confiscation proceedings can go badly wrong for an ill-prepared defendant.
Mr Druce had pleaded guilty to money laundering offences. The Crown’s case was that he controlled bank accounts into which gullible victims paid their money which Druce then transferred to the fraudsters. The Crown alleged and Druce admitted that about £1m had been so laundered by him. But despite this, at the confiscation hearing 18 months later, …
By James Wilson
On Monday 17 December 2012, the Qatar Law Forum held a Symposium on the Rule of Law at the Mansion House, hosted by the Lord Mayor of London, Alderman Roger Gifford. The occasion was the visit to the UK by His Excellency Dr Ali Bin Fetais Al Marri, the Attorney General of Qatarand the UN Special Advocate on Stolen Asset Recovery.
The theme of the symposium was the rule of law and countering corruption in international business. The event was opened by speeches from the Lord Mayor, Dr Al …
By David Allan
For those who are partial to conspiracy theories Paul Tucker’s evidence to the Treasury Select Committee on 9 July earlier this year was a real treat. Short of evidence proving that Jack the Ripper was Prince Albert Victor, or MI6 putting their hands up to involvement in the death of Princess Diana, acting on the orders of Prince Phillip, this is about as close as we are likely to get to evidence of a conspiracy at the top-level of society with international ramifications.
The allegations are as follows: Barclays …
By David Allan
UKBA v Tuncel and Basbaydar  EWHC 402 (Admin) is a decision of the High Court that is potentially significant in the field of cash seizure and forfeiture proceedings under Pt 5 Ch 3 of the Proceeds of Crime Act 2002.
Under the Act, certain law officers may seize cash if they have reasonable grounds to suspect that it was obtained through crime. In Tuncel the High Court held that when it comes to an application for permanent forfeiture of that cash, all the court has to be satisfied …