Civil Recovery

The Proceeds of Crime Act 2002 permits courts to make what is known as a Recovery Order. Such an order has the effect of forfeiting a person’s property in the event that the court is satisfied that the property has been derived through criminal conduct. However, a Recovery Order can be brought about regardless of whether the person concerned has been convicted or even tried concerning a criminal allegation.

A Recovery Order can undoubtedly provoke a considerable degree of stress in any individual; however, the specialist staff at Goldkorns Solicitors are thoroughly knowledgeable and experienced in this area of law, specifically in regard to its implications, and can offer relief at this often anxious time.

One of the implications concerns the manner in which legislation governing the use of Recovery Orders has increasingly led to the removal of assets from innocent individuals who have been acquitted at trial of a criminal charge. For example, a Recovery Order was recently made against an individual who, though not convicted of a criminal offence, was the subject of ‘intelligence’ of criminal activity. 

The specialist personnel at Goldkorns Solicitors are similarly aware of how the High Court can opt to preserve an asset and investigate its derivation through the use of a Property Freezing Order. This type of order is intended to prevent assets being disposed and bank accounts being used in the period before the issues are determined by the court.

Though cases involving Property Freezing Orders are still relatively rare, they are becoming more common and the specialist staff at Goldkorns Solicitors boast experience in dealing with such cases. This proud history and experience ensures our clients can be confident in our advice and representation concerning Recovery Orders and Property Freezing Orders.

If you are considering drawing on our legal services in regard to Recovery Orders, it is important to remember that such services should be utilised as early as possible in any investigation. Contact us by using the contact details on this website to learn more about all our services relating to this rapidly developing area of UK law.

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