Third parties often find their assets entangled in confiscation orders. We specialise in representing interested parties, typically family members or business associates, who are inadvertently involved in confiscation proceedings. Under Sections 10A and 18A of the Proceeds of Crime Act (PoCA), courts can consider input from third parties before issuing a confiscation order. This provision empowers those with a stake in the property to present evidence supporting their claims.
Importantly, there is no obligation for a court to consult a third party before issuing a confiscation order. Thus, it's a strategic decision whether a third party should intervene early or wait until the enforcement stage to make their case. Our expertise lies in providing practical and strategic advice in these situations.
Our team has represented over 100 third parties in confiscation proceedings, often securing favourable outcomes through negotiated settlements before the confiscation order is issued. We offer guidance at any stage of the proceedings.
If your spouse, partner, or business associate is involved in PoCA proceedings, it's crucial to seek expert advice promptly to safeguard your interests in shared assets. This area of law is complex and continually evolving, intersecting frequently with trust law principles. Working with specialists experienced in these cases is essential. Often, we are called upon at a late stage to address issues created by well-intentioned but inexperienced practitioners. Our team, led by James O’Hara, recognised by Chambers and Partners for his expertise in 'PoCA Work and Asset Forfeiture,' provides the necessary expertise to navigate these challenging proceedings effectively, ensuring you are well-informed at every step.
Contact us for expert legal assistance tailored to your unique circumstances in asset forfeiture and PoCA-related matters.
