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England and Wales Case Law

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Criminal law

R v Amardeep Marwaha & Ors

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.

  • Confiscation orders
  • Excise duty fraud
  • Vat fraud
  • Joint benefit liability
  • Application of excise goods regulations
  • Pecuniary advantage under poca
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Insolvency [2015] EWHC 225 (Ch)

Abbey Forwarding Ltd (In Liquidation) v HM Revenue & Customs

Abbey Forwarding Ltd (In Liquidation) v HM Revenue & Customs [2015] EWHC 225 (Ch) (06 February 2015)

The High Court ordered an inquiry as to damages on HMRC’s undertaking after appointing a provisional liquidator, holding the undertaking could be enforced despite the later winding-up order.

  • Undertaking in damages
  • Appointment of provisional liquidator
  • Winding-up petition
  • Excise duty fraud
  • Interim relief
  • Enforcement of undertakings
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Criminal law

Lee & Ors v Solihull Magistrates Court & Anor

The court held that HMRC search warrants were unlawfully executed because they did not identify the items sought with sufficient specificity, but the magistrates had proper grounds to issue them.

  • Search warrants
  • Unlawful search
  • Pace compliance
  • Excise duty fraud
  • Money laundering
  • Disclosure obligations
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Civil procedure [2011] EWHC 2782 (Ch)

Revenue & Customs v Cozens & Ors

Revenue & Customs v Cozens & Ors [2011] EWHC 2782 (Ch) (08 November 2011)

The High Court continued a worldwide freezing order against John Paul Cozens in HMRC’s excise-duty fraud case, finding a good arguable case, assets, and risk of dissipation.

  • Freezing injunctions
  • Asset disclosure
  • Excise duty fraud
  • Limitation periods
  • Material non-disclosure
  • Risk of dissipation of assets
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Criminal law

McCreesh & Anor, R. v

The Court of Appeal quashed three-year sentences and substituted 16 months after holding the judge should have sentenced on the written pleas without a Newton hearing.

  • Sentencing
  • Conspiracy
  • Newton hearing
  • Excise duty fraud
  • Newton-hearing
  • Excise-fraud
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Customs and excise [2002] EWCA Civ 1631

Customs & Excise v Everwine Ltd & Ors

Customs & Excise v Everwine Ltd & Ors [2002] EWCA Civ 1631 (25 October 2002)

The Court of Appeal granted permission to appeal on a limited basis in a customs forfeiture dispute, focusing on whether title to goods passed by release notes.

  • Condemnation of goods
  • Forfeiture
  • Transfer of title
  • Excise duty fraud
  • Customs-and-excise
  • Transfer-of-title
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.