The National Crime Agency v N & Anor (Rev 1)

The National Crime Agency v N & Anor (Rev 1)

The Court of Appeal held that while the court’s jurisdiction to grant interim relief is not ousted by POCA, the statutory consent regime is highly relevant and should not be displaced except in truly exceptional circumstances. The judge erred in granting interim declarations and injunctions as the evidence did not support the conclusion that there was no risk of criminal liability, and the balance of convenience did not justify overriding the statutory procedure. The Orders should not have been made.

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
Civil Appeal / Appeal From High Court (queen’s Bench) to Court of Appeal
Outcome
Appeal allowed; Orders set aside
Legal Topics
Money Laundering, Interim Relief, Proceeds of Crime, Banking Mandate, Jurisdiction of Courts, Statutory Interpretation
Banking Law Criminal Law Civil Procedure Money Laundering Interim Relief Proceeds of Crime Banking Mandate Jurisdiction of Courts +1 more

Case Brief

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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

Civil Appeal / Appeal From High Court (queen’s Bench) to Court of Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to grant interim relief that disapplies the statutory consent regime under the Proceeds of Crime Act 2002 (POCA)
  2. 2 Whether interim mandatory injunctions and declarations can be granted to override the POCA consent regime
  3. 3 Whether the Orders breached overriding principles of EU law

Ratio Decidendi

The Court of Appeal held that while the court’s jurisdiction to grant interim relief is not ousted by POCA, the statutory consent regime is highly relevant and should not be displaced except in truly exceptional circumstances. The judge erred in granting interim declarations and injunctions as the evidence did not support the conclusion that there was no risk of criminal liability, and the balance of convenience did not justify overriding the statutory procedure. The Orders should not have been made.

Court Disposition

Appeal allowed; Orders set aside