Elie Taktouk v R

Elie Taktouk v R

Fresh evidence from Dr. Wassim Taktouk is admissible and may affect the assessment of available assets; the confiscation order is quashed and Crown Court must proceed afresh to determine the available amount, but benefit figure stands.

Parties
Appellant: Elie Taktouk; Respondent: The King; Private Prosecutor: Benherst Finance Limited; Private Prosecutor: Chestone Industry Holding
Jurisdiction
England and Wales
Judgment Date
02 July 2025
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Order
Outcome
Appeal allowed in part; confiscation order quashed; Crown Court to proceed afresh on available amount only.
Legal Topics
Confiscation Order, Fresh Evidence, Disclosure, Fraud, Benefit Calculation, Available Amount

Case Brief

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Parties

Elie Taktouk

Appellant

The King

Respondent

Benherst Finance Limited

Private Prosecutor

Chestone Industry Holding

Private Prosecutor

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Order

  1. 1 Whether fresh evidence should be admitted regarding available assets
  2. 2 Whether non-disclosure of investigator reports affected fairness
  3. 3 Whether benefit figure should be reduced due to recovery from third party

Ratio Decidendi

Fresh evidence from Dr. Wassim Taktouk is admissible and may affect the assessment of available assets; the confiscation order is quashed and Crown Court must proceed afresh to determine the available amount, but benefit figure stands.

Court Disposition

Appeal allowed in part; confiscation order quashed; Crown Court to proceed afresh on available amount only.

Orders

  • Leave to appeal on Grounds 1 and 2 refused.
  • Leave to appeal on Ground 3 granted; appeal allowed; confiscation order quashed under section 11(3)(a) Criminal Appeal Act 1968.