Environment Agency confiscation proceedings

Jamas Hodivala and Kwaku Awuku-Asabre, instructed by Jim Meyer at Tuckers, represented a director of several companies in complex confiscation proceedings brought by the Environment Agency. The EA alleged that the corporate veil should be pierced, meaning that the EA claimed the director’s personal benefit from the offending was in excess of £4.6m. The EA firmly put its case on the basis the burden was on the director to prove his available amount was less than this figure.

The defence team successfully negotiated settlement of the confiscation order with a benefit figure of £200,000 and an available amount also of £200,000.


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