Serious Organised Crime Agency v Azam & Ors

Serious Organised Crime Agency v Azam & Ors

The transfer of the Luxembourg monies into the jurisdiction was lawful as it was done pursuant to valid court orders which were not appealed or set aside, and the subsequent change in law (Perry v SOCA) does not require their return. SOCA is entitled to rely at trial on material obtained via a disclosure order for the purpose of establishing unlawful conduct in a civil recovery investigation.

Parties
Claimant: Serious Organised Crime Agency; Respondent: Amir Azam; Respondent: Kalsoom Amir; Respondent: Shabana Azam; Respondent: Zarina Begum (formerly Azam); Respondent: Mohammed Azam; Respondent: Shahid Tanveer
Jurisdiction
England and Wales
Judgment Date
21 March 2013
Procedural Posture
Civil Recovery Proceedings / Interlocutory Applications Prior to Trial
Outcome
applications dismissed
Legal Topics
Recovery Orders, Property Freezing Orders, Disclosure Orders, Jurisdiction, Retrospective Effect of Judgments
Proceeds of Crime Civil Procedure Recovery Orders Property Freezing Orders Disclosure Orders Jurisdiction Retrospective Effect of Judgments

Case Brief

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Parties

Serious Organised Crime Agency

Claimant

Amir Azam

Respondent

Kalsoom Amir

Respondent

Shabana Azam

Respondent

Zarina Begum (formerly Azam)

Respondent

Mohammed Azam

Respondent

Shahid Tanveer

Respondent

Procedural Posture

Civil Recovery Proceedings / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether money transferred from Luxembourg to England under a property freezing order should be returned following Perry v SOCA
  2. 2 Whether SOCA can rely at trial on material obtained via a disclosure order relating to UAE criminal proceedings

Ratio Decidendi

The transfer of the Luxembourg monies into the jurisdiction was lawful as it was done pursuant to valid court orders which were not appealed or set aside, and the subsequent change in law (Perry v SOCA) does not require their return. SOCA is entitled to rely at trial on material obtained via a disclosure order for the purpose of establishing unlawful conduct in a civil recovery investigation.

Court Disposition

applications dismissed

Orders

  • The application for return of the Luxembourg monies is dismissed.
  • SOCA is permitted to rely at trial on the material obtained via the disclosure order relating to UAE proceedings.