P v P

P v P

Legal advisers in family proceedings who suspect arrangements may involve criminal property must make authorised disclosure to NCIS and seek consent before acting further. The legal professional exemption permits disclosure to clients and opponents unless made with intention of furthering a criminal purpose. The statutory waiting periods under POCA override private law duties of disclosure during those periods, but after expiry or consent, full disclosure may resume.

Parties
Applicant: P; Respondent: P; Interested Party: National Criminal Intelligence Service; Interested Party: Inland Revenue; Interested Party: Law Society; Interested Party: Bar Council
Jurisdiction
England and Wales
Judgment Date
08 October 2003
Procedural Posture
Family (ancillary Relief) / Ruling on Application for Directions Regarding Proceeds of Crime Act Obligations
Outcome
Declarations granted clarifying legal advisers’ rights and obligations under POCA; previous order preventing disclosure to husband set aside.
Legal Topics
Ancillary Relief, Money Laundering, Disclosure Obligations, Legal Professional Privilege, Tipping Off, Prejudicing Investigation
Family Law Criminal Law Professional Ethics Ancillary Relief Money Laundering Disclosure Obligations Legal Professional Privilege Tipping Off +1 more

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Parties

P

Applicant

P

Respondent

National Criminal Intelligence Service

Interested Party

Inland Revenue

Interested Party

Law Society

Interested Party

Bar Council

Interested Party

Procedural Posture

Family (ancillary Relief) / Ruling on Application for Directions Regarding Proceeds of Crime Act Obligations

Legal Issues

  1. 1 Whether and in what circumstances legal advisers may act in relation to arrangements potentially involving criminal property under POCA
  2. 2 Whether and in what circumstances legal advisers may disclose to clients or others that an authorised disclosure has been made under POCA

Ratio Decidendi

Legal advisers in family proceedings who suspect arrangements may involve criminal property must make authorised disclosure to NCIS and seek consent before acting further. The legal professional exemption permits disclosure to clients and opponents unless made with intention of furthering a criminal purpose. The statutory waiting periods under POCA override private law duties of disclosure during those periods, but after expiry or consent, full disclosure may resume.

Court Disposition

Declarations granted clarifying legal advisers’ rights and obligations under POCA; previous order preventing disclosure to husband set aside.

Orders

  • Wife’s representatives may disclose to husband and his representatives a copy of their report to NCIS.
  • Wife’s representatives may disclose to wife a copy of their report to NCIS.