Judicial Review Success | Account Freezing Order Lifted
In our previous article we outlined the Judicial Review being sought by our client in response to an Account Freezing Order imposed by a Magistrates’ Court. The application was obtained by the Police, who suspected that the funds in the account constituted recoverable property under Section 304 of the Proceeds of Crime Act 2002 (‘POCA’).
Tim Thompson of KANGS now reports on the successful outcome achieved for our client.
The Application for Judicial Review
Our client contended that the Police did not lawfully serve him with all the relevant correspondence and documents as everything was sent to an address where he had not lived for several months. Furthermore, the Police possessed the relevant resources to determine his correct address.
As a result, he had been prevented from answering the allegations against him. Our client’s request for a Judicial Review, served on the parties involved, was supported by:
- our client’s Witness Statement detailing the factual background and his explanation as to why the Crown’s suspicions were misguided,
- an evidence bundle containing the documentation upon which our client relied,
- a detailed Witness Statement by the Solicitor with conduct of the case, providing a chronological history of specific communications,
- a Statement of Facts and Grounds, providing extensive particulars of the grounds for the Application and the relief sought.
The Successful Result
Immediately after the application was served on all parties, discussions led to our client's claim being accepted in full. Following detailed and extensive negotiations the following was agreed:
- the relief sought by our client was accepted,
- the forfeited funds would be returned by the Treasury to our client in full,
- payment of our client’s costs is to be determined by the Court.
Our client has had funds amounting to nearly £400,000 returned to him. Needless to say, he is overjoyed with the result.
Who Can I Contact For Help?
KANGS has established an enviable nationwide reputation for assisting clients involved in all aspects of POCA, including opposing Account Freezing Orders and Restraint Orders of every nature.
Our Team regularly pursues Judicial Review Proceedings on behalf of client’s seeking redress following the imposition of disputed sanctions and restrictions.
We welcome enquiries by telephone or email. If we can be of assistance, please do not hesitate to contact our Team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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