Penelope Small (1992)


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Penelope Small regularly appears in both the High Court and Crown Courts across the country where she represents the interests of the Prosecution, Defendants and Third Parties in proceedings relating to the restraint or realisation of assets both before and after criminal convictions and during civil restraint and recovery proceedings.

Penny is recommended in Chambers and Partners 2017 for her "specialist expertise in POCA proceedings, asset recovery and restraint orders in both the civil and criminal spheres." They state that "Penny is dynamic, works extremely hard and is very client-focused and proactive." "She is very, very clever and has a very deep understanding of POCA matters."

Her practice also covers advising individuals, companies and solicitors’ firms who find themselves caught up in civil or criminal investigations and includes parties who have been served with statutory or court ordered requests for disclosure of information and or those who have become named in freezing and restraint orders.

Her cases frequently involve confiscation issues arising from criminal proceedings and complicated receivership issues. She has successfully defended clients facing multi-million confiscation orders. She has developed a particular expertise in relation to Mutual Legal Assistance and Letters of Request. Penelope represented the Prosecution in the first successful application in the North East under the provisions of section 15 of the Drug Trafficking Act 1994. She has also dealt with applications to stay the enforcement of outstanding confiscation orders on the grounds of delay or inactivity.

Penny is regularly instructed by prosecuting agencies including the SFO, FCA, CPS (PoCU) and BIS. She regularly represents wives and/or partners and business associates who seek to preserve from the court assets from former marriages/relationships from the statutory forfeiture regimes currently operating in this jurisdiction. She regularly lectures on proceeds of crime issues and is a contributing editor to Mitchell, Taylor & Talbot on Confiscation and the Proceeds of Crime.

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Notable Cases

  • R v R & others [2014 to date] Restraint and confiscation proceedings in £70m boiler room fraud.
     
  • NCA v FM & others [2016] Advised and represented a family who were subject to a civil recovery claim in respect of six properties worth in excess of £1m.
     
  • R v K [2015] Represented defendant in successful certificate of Inadequacy application where initial confiscation order had been made in sum of £14m of which £2m had been identified as hidden assets.
     
  • Robert Cooper v Birmingham Magistrates' Court [2015] EWHC 2341 (Admin)  Successful application for quashing order in judicial review proceedings following the imposition of a warrant of commitment for non-payment of a confiscation order.
     
  • R v K - [2014] Instructed by SFO as restraint and confiscation counsel in a case involving multiple defendants’ and assets both within and outside the jurisdiction held in purported trust structure. Issues include Chancery proceedings relating to marshalling and subrogation.
     
  • R v P  [2012 to 2013] - Successfully defending defendant charged with conspiracy to chest the Revenue arising out of a pension fraud, together with money laundering. Co-defendants were convicted and received substantial prison sentences.
     
  • R v R [2013] – Representing main defendant of large MTIC fraud in confiscation proceedings.
     
  • N v H [2013] – Representing the FCA in conjoined ancillary relief and restraint proceedings where the predicate allegation is insider-trading.
     
  • R v Johnson [2011 to 2013] – Representing defendant in multi million pound confiscation proceedings, including High Court application to judicially review decision of Magistrates' Court to commit the Defendant for non-payment.
     
  • R v Cadman [2012] EWCA Crim 611 – Representing Appellant, a former company director convicted of conspiracy to defraud, in reducing his period of disqualification.
     
  • Re B [2011] – Represented Defendant in multi million VAT fraud facing contempt proceedings for breach of the Crown Court Restraint Order.
     
  • Re L Ltd [2011] – Represented a large corporation securing the successful release from a Proceeds of Crime Act 2002 Restraint Order significant property thus enabling the firm to obtain civil recovery.
     
  • Re P [2011] –Represented an International Art Dealer on a direct access basis; securing the return of artwork stolen from him four years before instruction.

Ground Breaking Cases

  • R v Rouse [2003] Represented the prosecution in the first successful application in the North East under the provisions of section 15 of the Drug Trafficking Act 1994.
  • R v O’Donoghue [2004] EWCA Civ 1800 Appeared on behalf of the appellant before the Court of Appeal Civil Division in the leading case relating to certificates of inadequacy where a hidden asset finding has been made by the Crown Court at the confiscation hearing.