Bhalla & Anor v Barclays Bank Plc

Bhalla & Anor v Barclays Bank Plc

A detained cash investigation under the Proceeds of Crime Act 2002 continues until the conclusion of forfeiture proceedings, including appeals, and thus a production order may be granted even after a forfeiture application has been made.

Parties
Applicant: HM Revenue and Customs; Respondent: Sanjit Bhalla; Respondent: Chella Sri Ganesharajah; Respondent: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Application for Production Order / Judgment
Outcome
production order granted
Legal Topics
Proceeds of Crime, Detained Cash Investigation, Production Orders, Statutory Interpretation
Criminal Law Financial Crime Civil Procedure Proceeds of Crime Detained Cash Investigation Production Orders Statutory Interpretation

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Parties

HM Revenue and Customs

Applicant

Sanjit Bhalla

Respondent

Chella Sri Ganesharajah

Respondent

Barclays Bank PLC

Respondent

Procedural Posture

Application for Production Order / Judgment

Legal Issues

  1. 1 Whether a production order can be granted under the Proceeds of Crime Act 2002 as amended when cash is subject to a forfeiture application
  2. 2 Whether a detained cash investigation continues after forfeiture proceedings have commenced

Ratio Decidendi

A detained cash investigation under the Proceeds of Crime Act 2002 continues until the conclusion of forfeiture proceedings, including appeals, and thus a production order may be granted even after a forfeiture application has been made.

Court Disposition

production order granted

Orders

  • Barclays Bank PLC to produce bank statements and ledger entries for account number 40530360 held in the name of Lanoss Limited at Barclays Bank, Kingston Branch, sort-code 20-42-73, for the period 1st February 2007 to 4th April 2007.