Serious Organised Crime Agency v Fenech [2011] EWHC 10 (QB) (13 January 2011)

The Agency satisfied the qualifying condition under section 317 POCA by demonstrating reasonable grounds to suspect criminal conduct and a valid tax debt; the statutory regime governs liability and risk of dissipation is established, justifying the freezing order.

Citation: [2011] EWHC 10 (QB)
Parties: Claimant: Serious Organised Crime Agency; Defendant: Geoffrey Michael Fenech
Jurisdiction: England and Wales
Judgment Date: 13 January 2011
Procedural Posture: Freezing Order Application / Judgment on Adjourned Application
Outcome: Application granted
Legal Topics: Freezing Injunctions, Tax Assessments, Proceeds of Crime, Jurisdiction Under POCA, Risk of Dissipation

Criminal Law Tax Law Civil Procedure Freezing Injunctions Tax Assessments Proceeds of Crime Jurisdiction Under POCA Risk of Dissipation

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Parties

Serious Organised Crime Agency

Claimant

Geoffrey Michael Fenech

Defendant

Procedural Posture

Freezing Order Application / Judgment on Adjourned Application

Legal Issues

1 Whether the Agency has a good arguable case under section 317 of POCA
2 Whether the Agency has established a quantified loss
3 Whether there is a real risk of dissipation

Ratio Decidendi

Court Disposition

Application granted

Orders

Freezing order to be made in accordance with draft order
Parties to draw up agreed order for approval