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England and Wales decisions
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The Crown Court was not obliged to determine the existence and extent of tainted gifts on the application to vary or discharge restraint orders; such determination is appropriately left to the enforcement stage. The Judge exercised discretion properly and there was no legal merit in the appeal.
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Fordham J discharged interim anonymity and reporting restrictions in UWO/IFO proceedings, holding that open justice outweighed the respondent’s Article 8 privacy claim.
Confiscation judgment in a large excise duty and VAT fraud. The court held the defendants jointly obtained the full benefit and made orders to prevent double recovery.
Marwaha & Ors, R. v [2026] EWCR 3 (16 March 2026)
Confiscation orders were made against three fraud defendants for the full joint benefit of excise duty and VAT evasion, with inflation uplift and anti-double-recovery terms.
Hargreaves, R. v [2026] EWCA Crim 58 (10 February 2026)
The Court of Appeal refused leave to appeal over restraint orders, holding that disputed tainted-gift issues need not be decided until enforcement.
Eslami v North Tyneside Magistrates' Court [2026] EWHC 219 (Admin) (05 February 2026)
Judicial review of a magistrates’ refusal to vary an account freezing order was allowed because the reasons were inadequate and failed to address the statutory test.
The confiscation order must be reduced by £14,500 to reflect the legitimate third party interest in seized cash, as established by evidence from Ms Li and accepted by the National Crime Agency.
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Director of Public Prosecutions v Boureanu [2026] EWCR 1 (16 January 2026)
The Crown Court held that a Romanian confiscation order remained enforceable despite no custodial sentence, and appointed a receiver over funds in UK accounts.
The Crown Court held that a Romanian confiscation order followed a conviction and appointed a receiver to enforce it against funds held in UK accounts.
Mirza v Crown Prosecution Service [2025] EWHC 3349 (Admin) (19 December 2025)
The High Court dismissed Zahid Mirza’s application for a certificate of inadequacy under s.83 Criminal Justice Act 1988, finding no proof of a genuine post-order change in assets.
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