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King v Serious Fraud Office
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Justis Editorial on 30 August 2011


Property Restraint Orders

The House of Lords issued judgment in the case of King v Serious Fraud Office 19/03/2009 Times Law Reports on 18th March 2009. The case concerned an application by a South African authority for property restraint orders over assets of the respondent, a British subject resident in South Africa.

The Lords discussed the relevant legislation namely the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 SI 2005/3181 made under section 444 of the Proceeds of Crime Act 2002 c. 29. Affirming the decision of the Court of Appeal, the Lords found that the powers granted by the legislation were restricted to property in England and Wales and any restraint order would only take effect in that jurisdiction.

database/2012-05-17T23:27:37.3589581Z/3200764

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