Confiscation orders and abuse of process: discretion to prevent "double whammy" under the Proceeds of Crime Act 2002

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Abstract

Explores the circumstances in which the making of an application for a confiscation order might amount to an abuse of process entitling the court to grant a stay of proceedings. Outlines the facts leading to the Court of Appeal decision in R. (on the application of BERR) v Lowe and reviews the case law referred to by the Court of Appeal. Highlights other cases decided subsequent to Lowe.
Original languageEnglish
Pages (from-to)39-45
JournalThe Company Lawyer
Volume31
Issue number2
Publication statusPublished - 2010

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