Nick Barraclough successfully sets aside Account Freezing Order with full costs awarded against the Metropolitan police

Nick Barraclough, instructed by Mohammad Gaffar of Londinium Solicitors, successfully applied to set aside an Account Freezing Order (AFO) in its entirety. 

Nick acted for a company whose bank account was frozen by the Metropolitan Police under the Proceeds of Crime Act 2002 after having transferred funds to an accountancy company whose principal was suspected of involvement in a major fraud.  

Nick was able to demonstrate the legitimate source of his client’s funds and the legitimate purpose for which monies were transferred by his client to the other company.  

The Court agreed with Nick that there was no proper basis for the AFO and so discharged the order.

Unusually for these applications, and despite the default position protecting enforcement authorities from costs orders in POCA proceedings, Nick also successfully persuaded the Court to order that the Metropolitan Police should pay his client’s costs in full after successfully arguing that the order had been obtained unreasonably.