Quentin Hunt acts in set-aside of large scale POCA Account Freezing Order

Quentin Hunt, instructed by Ghulam Sohail of MRP Solicitors, acted for TR Limited, a payroll company with multi-million pound business receipts, who had a six-figure sum frozen by HMRC by way of an account freezing order (AFO). The order was made on an ex parte basis over two business accounts in the company’s name under section 303Z3(2) of the Proceeds of Crime Act 2002 (POCA).

An application was made on behalf of the company to set aside the AFO and release the funds on the basis that HMRC had provided insufficient evidence for there to be reasonable grounds to suspect that the funds in the account were criminal property under section 303Z4 of POCA.

A large amount of documentation was submitted to the Court and HMRC in support of the application, including a carefully put together bundle of evidence and skeleton legal pleadings.

Upon consideration of the materials submitted HMRC exceptionally chose not to contest the set-aside of the AFO and the funds were returned to the company.