Bowman v Fels [2005] EWCA Civ 226 (08 March 2005)

Bowman v Fels [2005] EWCA Civ 226 (08 March 2005)

Section 328 of the Proceeds of Crime Act 2002 does not apply to the ordinary conduct of legal proceedings by lawyers, nor does it override legal professional privilege or the rules restricting use of disclosed documents in litigation, unless Parliament has used clear words to that effect. The section is not intended to impose disclosure obligations on lawyers acting outside the regulated sector in the course of litigation or legal advice, and the ordinary conduct of litigation does not constitute participation in an arrangement facilitating criminal property under section 328.

Citation
[2005] EWCA Civ 226
Parties
Claimant/appellant: Jennifer Mary Bowman; Defendant/respondent: William John Fels; Intervener: Bar Council; Intervener: Law Society; Intervener: National Criminal Intelligence Service
Jurisdiction
England and Wales
Judgment Date
08 March 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal allowed; declaration as to the scope of section 328 granted
Legal Topics
Money Laundering, Proceeds of Crime Act 2002, Legal Professional Privilege, Disclosure Obligations, Interpretation of Statutes
Criminal Law Civil Procedure Legal Profession Money Laundering Proceeds of Crime Act 2002 Legal Professional Privilege Disclosure Obligations Interpretation of Statutes

Case Brief

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Parties

Jennifer Mary Bowman

Claimant/appellant

William John Fels

Defendant/respondent

Bar Council

Intervener

Law Society

Intervener

National Criminal Intelligence Service

Intervener

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Does section 328 of the Proceeds of Crime Act 2002 apply to the ordinary conduct of legal proceedings by lawyers?
  2. 2 Does section 328 override legal professional privilege or the use of information obtained in litigation?
  3. 3 Are lawyers obliged to make disclosures to NCIS under section 328 when acting outside the regulated sector?

Ratio Decidendi

Section 328 of the Proceeds of Crime Act 2002 does not apply to the ordinary conduct of legal proceedings by lawyers, nor does it override legal professional privilege or the rules restricting use of disclosed documents in litigation, unless Parliament has used clear words to that effect. The section is not intended to impose disclosure obligations on lawyers acting outside the regulated sector in the course of litigation or legal advice, and the ordinary conduct of litigation does not constitute participation in an arrangement facilitating criminal property under section 328.

Court Disposition

Appeal allowed; declaration as to the scope of section 328 granted

Orders

  • Order of Judge Cowell set aside
  • Declaration that section 328 does not apply to ordinary conduct of legal proceedings by lawyers