header-logo header-logo

01 December 2023
Issue: 8051 / Categories: Legal News , Fraud
printer mail-detail

NLJ this week: Section 303Z17A & the potential for recovery of ill-gotten gains

149583
Tucked within the Economic Crime and Corporate Transparency Act 2023 is a provision with ‘profound implications’ for victims of crime, Nicholas Yeo and Ryan Dowding, both barristers at 3 Raymond Building, write in this week’s NLJ

The ‘pithily named’ section 303Z17A is inserted into the Proceeds of Crime Act 2002, permitting, ‘for the first time, victims and true owners to seek the release of their funds which have been made the subject of account freezing and forfeiture’.

Yeo and Dowding take an in-depth look at section 303Z17A, highlighting its scope, application and potential. They note the increasing role of the magistrates’ courts in account freezing and forfeiture proceedings. They explain when section 303Z17A will apply and how an application may be made. However, they also note potential difficulties and complexities that may arise. 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll