Our James O’Hara, instructing Sarah Wood of 5 St. Andrews Hill, secured the discharge of an Account Freezing Order (AFO) obtained by Her Majesty’s Revenue and Customs (“HMRC”). Release of the monies was achieved against the opposition of HMRC.
HMRC initially obtained the AFO in July 2022. Having obtained it, they did little to investigate the origins of the funds. By contrast, the applicant served evidence demonstrating the provenance of the funds. The AFO was due to remain in place until February 2023, but the arguments proposed on behalf of the applicant resulted in its discharge. DJ Nelson, sitting at Stratford Magistrates’ Court heard submissions from Sarah Wood of 5 St. Andrews Hill, on behalf of the applicant, before ruling that HMRC had shown no good reason why the AFO should remain in place. He further satisfied himself that on the evidence before him, the funds were not recoverable property, nor were they for use in unlawful conduct.
The discharge of the AFO and the release of the frozen funds is yet another success for the PoCA and Financial Crime Department at Imran Khan & Partners Solicitors. If you need advice about an AFO, do not hesitate to contact James O’Hara today.
James O’Hara instructed the superb Sarah Wood, Joint Head of the Business Crime Team at 5 St. Andrews Hill.