Quentin Hunt and Rhys Rosser discharge POCA Account Freezing Order.

Quentin Hunt and Rhys Rosser acted on a Direct Public Access basis by a Limited Company and an Interested Party in a case involving the discharge of an Account Freezing Order. The Medicines and Healthcare products Regulatory Agency (MHRA) had gained an account freezing order over substantial funds held within the Company’s bank account under s303Z1 of the Proceeds of Crime Act 2002. Quentin and Rhys were instructed to discharge the order.

The MHRA had gained the order on an ex parte basis alleging that the funds represented the proceeds of crime in that they emanated from the sale of counterfeit pharmaceuticals. Quentin and Rhys put together a strong application for a discharge of the order pointing out deficiencies in the MHRA approach and outlining how the statutory tests were not met.

Upon consideration of Quentin and Rhys’s skeleton arguments the MHRA conceded their position and indicated that they did not oppose the discharge application. The application was granted by the Court – the company therefore received full and unfettered access to its banking facilities.

 


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