Kennedy Talbot (1984) (QC 2016)

(New York 1993)


 "...No equal in terms of his knowledge..."

 "...No equal in terms of his knowledge..."

“He really has no equal in terms of his breadth of knowledge and experience in the area”...

He’s an exceptional lawyer who gets the right result. He’s absolutely first-class.” "described by some as "Mr POCA"..."

Kennedy Talbot took Silk in February 2016. His principal practice areas are civil recovery and criminal confiscation, money laundering, government and police investigations and powers, medicines, legal professional privilege, and civil fraud and tracing. 

He is a joint author of Confiscation and the Proceeds of Crime (Sweet and Maxwell 3rd Ed. looseleaf), Administrative Court: Practice and Procedure (Sweet and Maxwell, 2006) and a contributing editor of the White Book.

Kennedy is recommended in the Legal 500 "First class" and has been recommended by Chambers & Partners every year since the inception of the POCA & Asset Forfeiture category, which in the 2017 edition reads: "Kennedy has a brilliant, brilliant mind and fantastic drafting skills." "He is extremely knowledgeable and one of the longest-established practitioners in this area, so he really knows his stuff." "One of the foremost experts in confiscation and restraint law, he is extremely erudite and very good with clients."

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Kennedy has appeared on behalf of government departments and agencies, companies and individuals in hundreds of cases at all levels including 8 in the Supreme Court or House of Lords since 2000, the Privy Council, Court of Appeal, High Court and in foreign jurisdictions.

His proceeds of crime practice includes acting for the National Crime Agency, receivers and respondents in civil recovery proceedings under Part 5 of the Proceeds of Crime Act. He has appeared in many of the important cases in this developing jurisdiction and regularly advises companies on civil settlements, particularly in corruption cases.

Kennedy has appeared in leading cases on disclosure and consents to act and regularly advises financial institutions on making protected and authorised disclosures to the NCA to comply with anti-money laundering legislation.

His proceeds of crime practice embraces all aspects of restraint, receivership and confiscation in the High Court and Crown Court.

He regularly lectures and provides training on money laundering and asset forfeiture on behalf of numerous international bodies including the United Nations, the IMF and Council of Europe. 

Training has been conducted in, among others, Eastern and Western Europe, the US, South Africa, Zambia, the Caribbean, Hong Kong and India.

He has also worked on the development of the UN Model Civil Forfeiture Law and negotiated treaties on behalf of the UK government.


2014-2017 Appellate and High Court Cases

 

  • Gor [2007] EWCA Crim 3 (Reduction of client's benefit in confiscation proceedings)

  • Palmer [2016] EWCA Crim 1049 (Confiscation for regulatory offences)

  • Powell [2016] EWCA Crim 1043 (Confiscation for regulatory offences)

  • GH [2015] 1 WLR 2126 (Supreme Court money laundering arrangements – when property is criminal property) 

  • Ahmad and Fields [2015] AC 299 (Supreme Court ECHR A1 P1 £32m appeal)

  • Dad [2015] Crim LR 356 (Court of Appeal ECHR A1 P1 and beneficial property interests)

  • Moss [2015] Crim LR 724 (Court of Appeal confiscation in regulatory/trading standards case)

  • Kakkad [2015] 1 WLR 4162 (Court of Appeal ECHR A1 P1 in drugs confiscation)

  • Adams [2014] EWHC 2639 Admin (High Court inadequacy)

  • McDowell [2015] 2 Cr App R (S) 14 (Court of Appeal confiscation in regulatory cases)

  • Perrin [2014] EWCA Crim 1556 (£3m tax fraud confiscation appeal)

  • Ashford [2014] EWCA Crim 1244 (Trading standards restraint discharge appeal)
     
  • Zinga [2014] 1 WLR 2228 (Private prosecutor’s powers appeal)
     
  • SOCA v Namli [2014] Lloyds Rep FC 409 (Turkish banker $7m asset forfeiture High Court trial and appeal) 

 

Recent practice examples

 

  • R v GH (Respondent) - Led for the successful appellant in the Supreme Court considering whether s 328 POCA requires property to constitute "criminal property" prior to the arrangement operating
  •  Ahmad and Fields  Appeared for the successful appellants in Supreme Court in relation to multiple benefit in confiscation proceedings
  • Ashford & others – Representing successful individual and company appellants at Court of Appeal in varying and discharging unreasonable restraint orders
  • Virgin Media Ltd, R (on the application of) v Zinga – Appeared for the the DPP as amicus in test case on right of private prosecutor to bring confiscation proceedings
  • Operation Crawl - Representing the claimant in £8m High Court civil recovery proceedings connected to criminal trials
  • Advising Telecommunications Plc in money laundering disclosure
  • Advising in Law Society intervention cases involving proceeds of crime
  • Advising the SFO in Madoff criminal proceeds investigation
  • Acting as independent LPP counsel in search of lawyers’ offices
  • Advising and representing the Marine Management Organisation on recovery of illicit proceeds in numerous illegal commercial fishing cases
  • Consultant to Council of Europe on Serbian proceeds of crime law
  • Operation Lauren - Advising the DOH/MHRA on medicines and money laundering prosecution
  • Advising Egyptian government on Mubarak investigation
  • Advising and representing the SFO in an environment fraud
  • R v Ibori - Nigerian State Governor £90 million confiscation application
  • Sharma -  Multi million pound civil settlement following Court of Appeal success and now representing the UK Government in the European Court of Human Rights.

Previous Years Reported and Notable Cases

 

  • Revell-Reade v SFO [2013] EWHC 1483 Admin (High Court challenge to release of funds for legal costs) 
  • Glatt v Sinclair [2013] 1 WLR 1302 (Court of Appeal receiver’s costs)
  • Jaffery [2013] EWCA Crim 360 (£53m confiscation appeal)
  • Hackett [2013] EWCA Crim 1273 (Waya proportionality appeal)
  • Revell-Reade v SFO [2013] EWHC 1483 Admin (High Court challenge to release of funds for legal costs) 
  • Department of Health v Mirza [2011] EWCA 1206 Admin - High Court trial on ownership of property to pay order
  • SOCA v Wunderley (2011) (CO/11959/2010) - Judicial review. Power of search and arrest
  • Re Yilmaz (2011) DTA no 106 of 2002 - High Court. Stay of intervention in enforcement proceedings as abuse of process
  • CPS v Campbell [2010] 1 WLR 650 - Court of Appeal. Stay of proceedings where defendant cannot obtain representation
  • Olden v SOCA [2010] Lloyds Rep FC 432 - Court of Appeal. Civil recovery where there were previous criminal proceedings
  • Capper v Cheney [2010] Lloyds FC 593 -Chancery Division. Stay of declaration proceedings regarding cash seized by police as abuse of process
  • R (on the application of Cummins) v Manchester Crown Court [2010] Lloyds Rep FC 551 - Judicial review. Quashing search warrants
  • R (on the application of the CPS) ex parte Cambridge Crown Court [2010] EWHC 663 Admin - Judicial review. Appeared as amicus curiae. Confiscation order when defendant absconds