The article posted to this website on 5 August 2020 entitled ‘Confiscation Orders | The Recoverable and Available Amounts’, explained the term ‘Available Amount’.
Since that time, Kangs Solicitors has successfully represented a client who was facing an application by the Prosecution which wished to increase the ‘Available Amount’ shown in his Confiscation Order dated 29 May 2013 (the ‘Confiscation Order’).
Amandeep Murria of Kangs Solicitors explains the manner in which this application by the Prosecution under s.22 of the Proceeds of Crime Act 2002 (‘POCA’) was defeated.
Kangs Solicitors is nationally recognised for its work in Cash Forfeiture and POCA proceedings and the legal directory Chambers & Partners (2021 edition) has recently released its ranking for next year in which the firm has again been recognised as one of the leading POCA & Asset Forfeiture law firms in the country.
For an initial no obligation discussion, please call our team at any of our offices detailed below:
The Circumstances | Kangs POCA & Restraint Order Solicitors
- In the Confiscation Order the ‘Benefit Figure’ was calculated at £125, 550.70 with an ‘Available Amount’ of £17,514.59, which debt was discharged in full.
- Subsequent Financial Investigations revealed that our client owned a further property which resulted in the Prosecution obtaining a Restraint Order against our client in respect of that property.
- The Prosecution sought to increase the Available Amount in the Confiscation Order from £17,514.59 to £47,963.39 which it maintained represented the value of the equity in the restrained property.
How We Assisted Our Client | Kangs POCA Team
- Having taken detailed instructions from our client, the team at Kangs Solicitors obtained four independent market valuations of the property.
- Once all of the collated material had been considered, we advised our client upon the appropriate course to adopt which included preparing and submitting detailed written representations to the Prosecution explaining why it ought to withdraw the proceedings it was pursuing.
- Having considered these persuasive representations, the Prosecution agreed to remove the Restraint Order and terminate the proceedings.
- Our client was extremely grateful for the detailed successful work conducted on his behalf which resulted in this highly satisfactory outcome.
How Can We Help You? | Kangs POCA and Restraint Order Solicitors
If you find yourself faced with any form of application under POCA or any financial restraint proceedings, it is essential that you have the support and guidance of experienced solicitors from the outset.
At Kangs Solicitors we have an experienced team defending clients in all aspects of the criminal and civil law on a daily basis and which is very well versed in POCA, cash seizures and all manner of restraint procedures.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field by both legal directories Chambers & Partners and the Legal 500.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
Please do not hesitate to contact any of the following who will be happy to discuss your problem with you: