Jonathan is a specialist in relation to all aspects of the Proceeds of Crime Act 2002. He utilises his experience as a civil practitioner to offer criminal clients the precise advice needed in this developing area of law. He is instructed on behalf of the Crown and defence as well as third party individuals and businesses.
He is regularly instructed on behalf of parties involved in civil proceedings where the CPS intervene to enforce confiscation orders.
- R v R  – S.22 POCA application for Crown. Involved consideration of the recoverability of pension funds held abroad.
- R v AR  – Defending in confiscation proceedings. Junior acting alone against QC led prosecution.
- G v D & CPS  – Acted on behalf of the CPS in TOLATA proceedings in the High Court.
- R v R  – Application for confiscation order involving consideration of the Defendant’s ex-wife claims in divorce proceedings.
- R v KH / AH (SB Intervening)  – acted for Crown in application to appoint enforcement receiver. Case involved argument over the beneficial ownership of four properties and the competing TOLATA claim of the intervenor.
- R v A  – acted for Crown in application under s22 POCA. Case involved a sham trust of London property and argument concerning the proprietary title in private registration number plates and motor vehicles.
- R v N / R v S  – acted for Crown in application by two defendants to extend the time for payment of confiscation orders. Issue involved the retrospective application of the amended s.11 POCA 2002. Successfully defeated both applications.
- R v W  – Provided advice on the prospects of success of revisiting a confiscation order in circumstances where large testimony gift passed to former wife in divorce proceedings. Consideration also given to if estoppel operated to prevent the application given the comments of CPS in correspondence.
- R v A  – Application for appointment of enforcement receiver. Opposed by the Defendant’s former partner who intervened and alleged a beneficial interest in the property. Advised on the extent of the beneficial interest of the former partner and agreed settlement of the case.
Contact Jonathan’s clerks