Russell-Cooke’s criminal litigation team recently acted for a client in confiscation proceedings, achieving a substantial reduction in a confiscation order against him.
In the proceedings a Crown Court confiscation order was successfully appealed on the basis that the judge had incorrectly held that the client was the sole beneficial owner of the family home, and that his wife’s contribution to the family was not relevant for the purposes of establishing an interest in the property.
In a comprehensive and detailed 17 page judgment the full Court of Appeal, having heard submissions on behalf of the firm’s client and his wife, held that there was a common intention that the property should be held in joint beneficial ownership. The confiscation order was varied to reflect our client’s wife’s 50% beneficial interest in the property – resulting in a substantial reduction in the overall confiscation order.
Partner Martin Rackstraw said: “We are pleased for our client that we have been able to argue successfully in the Court of Appeal that his wife should not be adversely impacted by the confiscation order against him. This was a positive outcome for them both.”
The team provides representation on all criminal law matters, from driving offences to serious criminal allegations and complex fraud. They advise people from the earliest stages of a case - before charges have been brought - through to court proceedings.
All members of the team are experienced litigators at all levels of the criminal justice system, from the Magistrates' Court through to the Court of Appeal and the Criminal Cases Review Commission.