Category Archives: Restraint orders

David Corker discusses the Criminal Finances Act and DPAs in GIR

At this year’s 4th Annual GIR Live London, Partner David Corker participated as a panel speaker, discussing topics including the Criminal Finances Act and DPAs. Co-chair Elizabeth Robertson: David Corker is going to begin by talking to us about the Criminal Finances Act. Corker: A lot of the attention on the Criminal Finances Act is […]

The Criminal Finances Act 2017; why UWOs and tax evasion are not what really matter

The Criminal Finances Act 2017 (CFA) is probably the most significant statute in relation to criminal fraud since the Proceeds of Crime Act 2002 (POCA). Whilst the Criminal Justice Act 2003 effected widespread changes in the criminal law in relation to hearsay, bad character and disclosure, none of these were focussed on fraud in particular. […]

Kim Potts interviewed re recent SFO policies and trends in Lexis PSL

Examining the SFO’s recent policies and trends Corporate Crime analysis: Kim Potts, associate at Corker Binning, examines some of the recent Freedom of Information (FOI) responses published by the Serious Fraud Office (SFO) and provides insights into policies and trends that can be extrapolated. Original news SFO publishes responses to FOI requests, LNB News 18/08/2016 176 SFO […]

Making applications for restraint orders

The recent decision of the Supreme Court in VTB Capital v Nutritek Corp and others [2013] UKSC5, a civil fraud case, provides helpful guidance relevant to applications for restraint orders in criminal cases in the Crown Court which include a request to freeze the assets of a company. Whilst this case was concerned with jurisdiction and the law of contract in relation to foreign parties it nonetheless is germane to this important area of the criminal law.