Third-Party interests

If you are looking for a team of Solicitors that specialise in representing interested parties in confiscation proceedings, then we are on hand to assist.

 

Free Initial Telephone Discussion

 

For a free initial telephone discussion, please call us on 020 7404 3004 or email info@ikpsolicitors.com and we'll be in touch shortly. We can help clients wherever you are based across England and Wales.

 

We are available 24 hours a day, 365 days a year.

Third-Party Interests

 

Sections 10A and 18A of the Proceeds of Crime Act 2002 (‘PoCA’) provide the framework for Crown Court Judges to determine property interests at the time a confiscation order is made.

 

Section 10A provides that a Court may determine the extent of a Defendant’s interest in property at the time a confiscation order is made. In so doing, the Court will, at the same time, determine the extent of any third party interests.

 

Section 18A provides that a Court may at any time order a third party to give specified information by a specified date to assist the Court in making a determination under section 10A.

 

The use of the word ‘may’ is significant. Crown Court Judges are not obligated to determine third party interests at the time a confiscation order is made. Instead, Crown Court judges can leave the issue to be determined at the enforcement stage, when the prosecution seeks to enforce the terms of a confiscation order against a Defendant.

 

There are important tactical considerations which are case and fact specific which will dictate whether third parties should assert their interests at the time a confiscation order is made or at the enforcement stage. These considerations are beyond the scope of the present article.

 

In practice, if it appears to a Crown Court that there is property available to a Defendant that is likely to be used to satisfy the confiscation order and that a person other than the Defendant has an interest in that property, the Crown Court will often seek to grapple with and determine third party interests and, in order to do so, must give third parties a reasonable opportunity to make representations.

 

Why Choose Us?

 

If you have an interest in assets that may become subject to a Confiscation Order, you should seek immediate legal advice and representation. Your case will be handled by one of our experienced team. 

 

We will provide you with advice and representation throughout the different stages of your case.

 

We have a track record of success.  In a recent example involving property in the UK, IKP Solicitors secured return of substantial loaned funds to a third party despite those funds not being registered as a charge against the property and not being regarded as a preferential debt.

 

Determination of third party interests often requires analysis and application of intricate property and trust law principles and consideration of both financial and non-financial contributions. These issues are not the routine diet of a general criminal practitioner. It is imperative that third parties are represented by genuine PoCA subject matter experts.

 

The Financial Crime department at IKP Solicitors possesses the necessary subject matter expertise to assist third parties to assert their interests, whether during the confiscation enquiry or at the enforcement stage. Members of the department are recognised in an elite group of Solicitors in the UK, ranked by Chambers and Partners in the area of ‘PoCA Work & Asset Forfeiture’.

How do I pay for my legal fees?

Please contact us to discuss your circumstances and possible funding options. If you do not have the finances to pay for legal advice, you may be eligible for Legal Aid funding.

 

 

How to get in contact

If you need a specialist Fraud solicitor, please contact James O’Hara on 077 393 27158, at JamesO@ikpsolicitors.com or call 0207 404 3004.

We are available 24 hours a day, 365 days a year.

 

We can assist wherever you are based and have offices in central London.

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