The National Crime Agency v N & Anor (Rev 1) [2017] EWCA Civ 253 (07 April 2017)

The National Crime Agency v N & Anor (Rev 1) [2017] EWCA Civ 253 (07 April 2017)

The statutory regime under POCA is not ousted by the court's jurisdiction to grant interim relief, but the statutory procedure is highly relevant and usually decisive in the exercise of discretion. Interim relief should not disapply the consent regime except in exceptional circumstances, which were not established in this case. The judge's reliance on NCA consent and absence of evidence of criminal property was erroneous; consent does not equate to absence of suspicion or evidence. The Orders granting interim declarations and injunctions were wrong in law and should not have been made.

Citation
[2017] EWCA Civ 253
Parties
Interested Party/appellant: The National Crime Agency; Claimant/first Respondent: N; Defendant/second Respondent: Royal Bank of Scotland plc
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Appeal From High Court (queen's Bench) / Court of Appeal Judgment
Outcome
Appeal allowed; Orders set aside
Legal Topics
Money Laundering, Interim Relief, Proceeds of Crime Act, Consent Regime, Banking Mandate, Injunctions, Declaratory Relief
Criminal Law Banking Law Civil Procedure Money Laundering Interim Relief Proceeds of Crime Act Consent Regime Banking Mandate +2 more

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Parties

The National Crime Agency

Interested Party/appellant

N

Claimant/first Respondent

Royal Bank of Scotland plc

Defendant/second Respondent

Procedural Posture

Appeal From High Court (queen's Bench) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court may grant interim relief that disapplies the consent regime under POCA
  2. 2 Jurisdiction of the court to grant interim injunctions and declarations in the context of POCA
  3. 3 Interpretation of 'criminal property' under POCA section 340

Ratio Decidendi

The statutory regime under POCA is not ousted by the court's jurisdiction to grant interim relief, but the statutory procedure is highly relevant and usually decisive in the exercise of discretion. Interim relief should not disapply the consent regime except in exceptional circumstances, which were not established in this case. The judge's reliance on NCA consent and absence of evidence of criminal property was erroneous; consent does not equate to absence of suspicion or evidence. The Orders granting interim declarations and injunctions were wrong in law and should not have been made.

Court Disposition

Appeal allowed; Orders set aside

Orders

  • Orders 1, 2, and 3 granting interim mandatory injunctions and declarations are set aside
  • No relief granted to N; statutory POCA regime applies