Serious Organised Crime Agency (SOCA) v Azam & Ors [2013] EWHC 1480 (QB) (03 June 2013)
Both applications for exclusion of funds from the property freezing order are refused because Azam failed to provide full and frank disclosure of his assets, particularly the deliberate omission of the BDL Luxembourg account, and the court is satisfied he has other undisclosed assets from which legal expenses can be met. Saunders Law Ltd's bill is not sufficiently substantiated as reasonable.
- Citation
- [2013] EWHC 1480 (QB)
- Parties
- Claimant: Serious Organised Crime Agency; First Respondent: Amir Azam; Interested Party: Saunders Law Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 03 June 2013
- Procedural Posture
- Civil Recovery Order Proceedings / Interlocutory Applications for Variation of Property Freezing Order
- Outcome
- applications dismissed
- Legal Topics
- Property Freezing Order, Legal Expenses Exclusion, Asset Disclosure, Variation of Freezing Order
Case Brief
Summary, issues, holding and outcome
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Parties
Serious Organised Crime Agency
Claimant
Amir Azam
First Respondent
Saunders Law Ltd
Interested Party
Procedural Posture
Civil Recovery Order Proceedings / Interlocutory Applications for Variation of Property Freezing Order
Legal Issues
- 1 Whether the property freezing order should be varied to exclude funds for past and future legal expenses
- 2 Whether Azam has undisclosed assets outside the scope of the freezing order
- 3 Whether Saunders Law Ltd's claimed legal expenses are reasonable
Ratio Decidendi
Both applications for exclusion of funds from the property freezing order are refused because Azam failed to provide full and frank disclosure of his assets, particularly the deliberate omission of the BDL Luxembourg account, and the court is satisfied he has other undisclosed assets from which legal expenses can be met. Saunders Law Ltd's bill is not sufficiently substantiated as reasonable.
Court Disposition
applications dismissed
Orders
- Both applications for variation of the property freezing order to exclude funds for legal expenses are dismissed.
- Costs to be assessed in the absence of agreement.
Full Case Text
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