Abigail Coghill-Smith (1997)

"...particular expertise in freezing and restraint..."

"...particular expertise in freezing and restraint..."

Abigail Coghill-Smith practices in all areas of asset forfeiture.

Abigail is an expert in worldwide freezing orders and domestic restraint and receivership orders.  She specialises in the cross-over between asset forfeiture and insolvency, matrimonial proceedings and mutual legal assistance whether in the civil or criminal courts. 

Abigail is regarded as one of the foremost experts in asset forfeiture, the proceeds of crime and regulatory compliance issues.

Abigail has appeared for companies, individuals, receivers and for government agencies in a range of courts including the Supreme Court, the Court of Appeal, the High Court, the Crown Court and the Magistrates' Court. 

In addition, she regularly lectures and advises blue-chip companies and enforcement agencies on developments and compliance in new fraud and money-laundering legislation.  Her most recent lecture was: “Tracing, restraining and confiscating, or freezing and recovering overseas assets and repatriating their value to the UK through mutual assistance and mutual legal assistance”. Abigail was also engaged by the Bar Council to develop, devise, and deliver its money laundering training to all barristers undertaking Public Access work.

She graduated from Bristol, has a Masters [LLM] from The L.S.E. and is a scholar of Gray’s Inn.

In her spare time she stars in a radio show resolving fun community disputes!  She also keeps two small boys entertained, is married and lives in the countryside.

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Notable Cases 

  • Re: B: representing the D.P.P. in multi-national and multi-jurisdictional cross-border forfeiture proceedings and associated restraint and receivership proceedings in Mutual Legal Assistance case.

  • Re AH and others v AN and others: representing a key defendant in claims for fraudulent misrepresentation, breach of trust, breach of fiduciary duty, breach of contract, and other grounds in relation to a series of investment schemes worth c.£15m.  Including the WFO.

  • Re: Ahmad: Following the watershed decision of the Supreme Court in Ahmad, Ahmed & Fields, representing the interests of A in the High Court receivership proceedings defining in practice what the landscape of enforcement is in light of the Supreme Court ruling

  • Re: M: Representing a key defendant in major FCA insider dealing case at Central Criminal Court

  • CAPEWELL V HMRC [2007] 1 W.L.R. 386, [2007] UKHL 2 Civil appeal. Represented the defendant in the High Court, the Court of Appeal and the House of Lords. Case concerned the payment of Receiver's costs, fees and disbursements and the interpretation of Part 69 of CPR. The outcome of which resulted in Counsel drafting new Court of Appeal issued guidelines regarding the appointment of Receivers, now known as “the Capewell Guidelines” these continue to be the industry standard for receiverships.