Chris Smith has successfully resisted a POCA redetermination sought more than 10 years after his client was first made the subject of a confiscation order.
In November 2017 Restraint Orders were served upon the Respondent and her partner freezing her newly acquired asset – a half-share in the home she shared with her partner and their two young children. The only way she could raise the capital (more than £160,000) would have been by way of sale of the family home.
The Court was persuaded to exercise the discretion vested in s.22(4) after considering the impact that the sale of the home would have on innocent parties – namely the Respondent’s partner and their two children.
This was a factually complex case involving third-parties, trust-law and required the instruction of multiple experts.
Chris is part of the strong team of POCA specialists operating within Chambers. His expertise is frequently called upon to represent the interests of defendants and third-parties facing very substantial and complex confiscation proceedings.