Serious Organised Crime Agency (SOCA) v Azam & Ors
Both applications to vary the property freezing order are refused because the court is satisfied Azam has not provided full and frank disclosure of his assets, has deliberately failed to disclose the BDL account, and likely has other undisclosed assets from which legal expenses can be met. The bills submitted by Saunders are not sufficiently explained to justify the sums claimed as reasonable legal expenses.
- Parties
- Claimant: Serious Organised Crime Agency; First Respondent: Amir Azam; Interested Party: Saunders Law Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 03 June 2013
- Procedural Posture
- Civil Recovery Proceedings / Ruling on Applications to Vary Property Freezing Order
- Outcome
- Applications dismissed
- Legal Topics
- Property Freezing Order, Legal Expenses, Asset Disclosure, Civil Recovery Order
Case Brief
Summary, issues, holding and outcome
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Parties
Serious Organised Crime Agency
Claimant
Amir Azam
First Respondent
Saunders Law Ltd
Interested Party
Procedural Posture
Civil Recovery Proceedings / Ruling on Applications to Vary Property Freezing Order
Legal Issues
- 1 Whether the property freezing order should be varied to exclude funds for past and future legal expenses
- 2 Whether the respondent has undisclosed assets outside the scope of the property freezing order
Ratio Decidendi
Both applications to vary the property freezing order are refused because the court is satisfied Azam has not provided full and frank disclosure of his assets, has deliberately failed to disclose the BDL account, and likely has other undisclosed assets from which legal expenses can be met. The bills submitted by Saunders are not sufficiently explained to justify the sums claimed as reasonable legal expenses.
Court Disposition
Applications dismissed
Orders
- Both applications to vary the property freezing order are dismissed with costs to be assessed in the absence of agreement.
Full Case Text
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