Criminal Litigation

Restraint, confiscation and cash seizures

We advise individuals and corporations in relation to proceedings pre and post investigation where assets have been restrained or frozen assets in the civil and criminal courts.

We also act for individuals subject to cash seizures in the magistrates' courts.

During these proceedings, not only the individual under investigation is affected, but co-owners or investors risk losing their assets whilst lengthy proceedings are conducted.  Our experience enables us to mitigate or challenge that risk by advising third parties on the civil and criminal implications of restraint, recovery and confiscation proceedings. 

Primary contact  Stephen Parkinson

Notable cases

• House of Lords case of Regina v Rezvi and Others (2001 2 All ER 609) which challenged confiscation proceedings as contrary to the Human Rights Act 2000.

• The successful appeal against the order for confiscation made against the directors of AIT in the first contested criminal prosecution by the FSA for misleading the market, under FSMA 2000