JSC BTA Bank v Ablyazov & Ors [2009] EWCA Civ 1124 (27 October 2009)

Section 328 of the Proceeds of Crime Act 2002 is a 'related offence' under s.13(4) of the Fraud Act 2006 because the conduct it criminalises necessarily involves deception and fraudulent quality, thus removing the privilege against self-incrimination for such offences.

Citation: [2009] EWCA Civ 1124
Parties: Claimant/respondent: JSC BTA Bank; Defendant/appellant: Ablyazov & Others; Fourth Defendant/appellant: Drey Associates Limited
Jurisdiction: England and Wales
Judgment Date: 27 October 2009
Procedural Posture: Appeal / Court of Appeal (civil Division) Judgment
Outcome: Appeal dismissed
Legal Topics: Privilege Against Self Incrimination, Fraud Act 2006, Proceeds of Crime Act 2002, Related Offences, Conspiracy to Defraud

Criminal Law Civil Procedure Privilege Against Self Incrimination Fraud Act 2006 Proceeds of Crime Act 2002 Related Offences Conspiracy to Defraud

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Parties

JSC BTA Bank

Claimant/respondent

Ablyazov & Others

Defendant/appellant

Drey Associates Limited

Fourth Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

1 Whether s.13 of the Fraud Act 2006 removes privilege against self-incrimination in respect of an offence under s.328 of the Proceeds of Crime Act 2002
2 Whether s.328 is a 'related offence' within s.13(4) Fraud Act 2006

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal of Drey Associates Limited is dismissed.
Section 328 POCA 2002 is a 'related offence' for the purposes of s.13 Fraud Act 2006.