National Crime Agency v Abacha

National Crime Agency v Abacha

Statutory conditions for continuation of prohibition order are satisfied based on affidavit evidence; disclosure of letters of request is not necessary for fair disposal due to confidentiality and sufficiency of existing evidence; variation to permit payment of legal expenses from frozen assets is refused as alternative funding is available.

Parties
Claimant: National Crime Agency; Defendant: Abacha
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Judicial Review / Asset Freezing / Interlocutory Applications: Continuation of Prohibition Order, Disclosure, Variation
Outcome
Prohibition order continued; disclosure application dismissed; variation application refused; costs awarded against specified respondents; permission to appeal refused.
Legal Topics
Proceeds of Crime, Mutual Legal Assistance, Asset Freezing, Disclosure Obligations, Variation of Orders
Criminal Law Civil Procedure International Cooperation Proceeds of Crime Mutual Legal Assistance Asset Freezing Disclosure Obligations Variation of Orders

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Parties

National Crime Agency

Claimant

Abacha

Defendant

Procedural Posture

Judicial Review / Asset Freezing / Interlocutory Applications: Continuation of Prohibition Order, Disclosure, Variation

Legal Issues

  1. 1 Whether prohibition order should be continued
  2. 2 Whether letters of request for mutual legal assistance must be disclosed
  3. 3 Whether frozen assets can be used to pay legal expenses

Ratio Decidendi

Statutory conditions for continuation of prohibition order are satisfied based on affidavit evidence; disclosure of letters of request is not necessary for fair disposal due to confidentiality and sufficiency of existing evidence; variation to permit payment of legal expenses from frozen assets is refused as alternative funding is available.

Court Disposition

Prohibition order continued; disclosure application dismissed; variation application refused; costs awarded against specified respondents; permission to appeal refused.

Orders

  • Prohibition order to continue as per terms sought.
  • Disclosure of letters of request refused.