Kennedy Talbot QC (1984) (QC 2016)

(New York 1993)


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

Kennedy Talbot QC’s practice areas are Proceeds of Crime Act 2002 civil recovery, bank account and cash forfeiture, money laundering, criminal confiscation following conviction, government and police investigations and legal professional privilege, and civil fraud and tracing. He regularly advises financial institutions on money laundering obligations, particularly recently arising out of the emerging Canadian cannabis market. He has appeared in his field in 8 cases in the Supreme Court or House of Lords since 2000.

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 the Chairman of the Proceeds of Crime Lawyers’ Association and has regularly lectured at home and abroad for (amongst others) the United Nations, IMF, and the Council of Europe.

  


PRACTICE AREAS IN DETAIL

Civil recovery and forfeiture.
Currently instructed in: a £30m proposed PoCA civil recovery action concerning a UK bank; a Criminal Finances Act 2017 £3m bank account forfeiture application against a middle eastern importer; and a cash forfeiture case against an FCA registered financial institution. Previous cases include: Campbell [2017] Lloyds Rep FC 598 (Court of Appeal forfeiture); Coghlan [2017] EWHC 570 (QB) (High Court committal); Namli [2014] EWCA Civ 411 ($7m Turkish bank civil recovery action); Davison and George (2013 £8m civil recovery settlement); the Balfour Beatty settlement; and Olden [2010] CP Rep 10 (Court of Appeal civil recovery). He also advised the UN on the development of its Model Civil Forfeiture Law.

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”
— Chambers & Partners UK

Money laundering advisory.
Currently acting for several investors and financial institutions in different matters concerning money laundering obligations arising out of the emerging cannabis market in Canada. Advised numerous financial institutions and professionals on making reports to the NCA in different matters.  Appeared on behalf of the appellant in the leading Supreme Court laundering appeal, GH [2015] 1 WLR 2126 (when fraud proceeds paid into a bank account become criminal property for the purposes of a POCA s.328 money laundering arrangement).

PoCA Confiscation (particularly regulatory).
Currently: representing household name retailers in multi-million pound confiscation application in regulatory prosecution: acting for the SFO in £68m confiscation order recovery proceedings in the Commercial Court (Gerald Smith – trial set for January 2020): representing Ibori in £89m confiscation action against former governor of a Nigerian state – trial set for 2020: and representing the UK Govt in Sharma v UK (to be heard in the ECtHR).

Counsel in many significant confiscation appeals for over 20 years. In the last 4 years: Somaia [2017] EWCA Crim 741 (Court of Appeal - private prosecutor confiscation powers); Adams v CPS [2017] 1 WLR 3732 (Civil Court of Appeal - certificate of inadequacy); Gor [2017] Lloyds Rep FC 73 (Court of Appeal - reduction of client's benefit in confiscation proceedings); Palmer [2017] 4 WLR 15 (Court of Appeal - confiscation for regulatory offences); Powell [2016] Lloyds Rep FC 546 (Court of Appeal - confiscation for environment offences); 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); and McDowell and Singh [2015] 2 Cr App R (S) 14 (Court of Appeal - confiscation in regulatory cases).

Has been recommended in the POCA sections of Legal 500 and Chambers & Partners every year that the sections have been published.

“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.” “..extremely impressive…” “…just fabulous…..”
— Chambers & Partners UK and Legal 500

 

Government and police Investigations. 
Currently acting in a number of sensitive investigations. Previous notable cases include: Operation Weeting (News of the World phone hacking); cash for honours; the Berlusconi investigation; Operation Rize (safety deposit box warrants); the Madoff investigation; recovery by the Egyptian government of Mubarak looted funds; and corruption investigation into former Law Society president.

 

Civil fraud and tracing.
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Currently leading for the SFO in the Orb/ Gerald Smith £68m Commercial Court proceedings involving 27 parties, BVI and Jersey liquidators and High Court receivers to recover the proceeds of breach of trust and fraudulently obtained property - High Court trial set for January 2020. Also currently acting in civil actions against betting companies for recovery of gambled fraud proceeds. Previously acted for stockbrokers in Bilta v Deutsche Bank and SVS (Commercial Court breach of trust proceedings).


2015-2018 Appellate and High Court Cases

 

  • Mirchandani v Lord Chancellor (2018) – (High Court awaiting judgment - power to recover costs from central funds in High Court prosecutor proceedings)

  • Ibori and others [2018] 17th October (Court of Appeal – abuse of process and corruption)

  • Somaia [2017] EWCA Crim 741 (Court of Appeal - private prosecutor confiscation powers)

  • Campbell v IPCC [2017] Lloyds Rep FC 598 (Civil Court of Appeal judicial review in cash forfeiture proceedings)

  • Adams v CPS [2017] 1 WLR 3732 (Civil Court of Appeal - certificate of inadequacy)

  • Gheewala [2017] EWHC 2554 (QB) – (High Court trial on recovery of gifts from third party in private prosecution)

  • Coghlan v Bailey [2017] EWHC 570 (QB) (High Court application to commit NCA officer for contempt in civil recovery proceedings)

  • Gor [2017] Lloyds Rep FC 73 (Court of Appeal reduction of client's benefit in confiscation proceedings)

  • Palmer [2017] 4 WLR 15 (Court of Appeal confiscation for regulatory offences)

  • Powell [2016] Lloyds Rep FC 546 (Court of Appeal confiscation for environment 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)

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