UK: SUPREME COURT CONFIRMS POCA CONFISCATION ORDER CANNOT BE ENFORCED IN PRIORITY TO PROPRIETARY CLAIM

An article from Eversheds Sutherland on 19 July reported on the outcome of Crown Prosecution Service v Aquila Advisory Limited.  It says that it is good news for companies (or their assigns) seeking to recover the benefits obtained by directors in breach of their fiduciary duties ā€“ but warns of steps that the CPS might take to avoid the problem, where the facts of the case allow.

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Supreme_Court_confirms_POCA_confiscation_order_cannot_be_enforced

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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