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Perry and others v Serious Organised Crime Agency

[2012] UKSC 35

Court: Other
Date of Judgment: 25.07.12
Philip Jones QC, Daniel Lightman QC

The Supreme Court has released its long-awaited judgment in Perry and others v Serious Organised Crime Agency [2012] UKSC 35. A nine-judge panel held (by a 7:2 majority) that a civil recovery order under Part 5 of the Proceeds of Crime Act 2002 ("POCA") in relation to property obtained through criminal conduct could only be made by the High Court in respect of property inside England and Wales. It followed that the court had no jurisdiction to make a worldwide property freezing order in support of Part 5 civil recovery proceedings. The court also unanimously held that a disclosure order made under Part 8 POCA, which deals with investigations, did not authorise the sending of notices requesting information to persons outside the UK.  Serle Court members Philip Jones QC and Daniel Lightman appeared on behalf of the successful appellants.


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