Abigail Coghill-Smith (1997)

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

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

Abigail Coghill-Smith (née Barber) principal areas of practice are civil and criminal fraud, money laundering, confiscation, receiverships and asset forfeiture and recovery.

Abigail has appeared for companies, individuals, Receivers and for government agencies in a range of courts including the House of Lords (as it then was), the Court of Appeal, the High Court, the Crown Court and the Magistrates' Court. 

She has particular expertise dealing with restraint and freezing orders and receiverships. Her experience includes advising and representing defendants who simultaneously face criminal justice proceedings and insolvency or bankruptcy proceedings and she has extensive experience of the overlap of matrimonial proceedings and criminal justice act receiverships. Abigail has considerable experience running prosecutions involving prosecuting agencies with particular emphasis on cooperation with third parties.

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Abigail Coghill-Smith is regarded as one of the foremost experts in proceeds of crime and regulatory compliance issues. In addition, she regularly lectures and advises blue-chip companies and enforcement agencies on developments and compliance in new fraud and money-laundering legislation. Most recently, in November 2017 Abigail spoke at a two-day conference organised by The Serious & Organised Crime Exchange [SOCEX] in Nottingham on “Joint Obtaining & Multiple Recovery: Some Lessons From Ahmad And The Supreme Court Ruling”, and in February 2018 she lectured on “Tracing, restraining and confiscating, or freezing and recovering overseas assets and repatriating their value to the UK through mutual assistance and mutual legal assistance” for the City of London Police and Metropolitan Police at their ACE Team Leaders’ Conference at the City of London’s Guildhall.

She is a contributing editor for the confiscation and receivership chapters of Confiscation and the Proceeds of Crime, Mitchell, Taylor and Talbot.



Notable Cases

  • Re: Ahmad (2017) 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 (2016) Representing key defendant in FCA prosecution at Central Criminal Court
  • Re: F and Re: B (2016) Acting in the first s.10A intervention on behalf of third parties following Defendant conviction at Central Criminal Court and commencement of confiscation proceedings.
  • SINCLAIR and RCPO V GLATT Proceedings in the QBD of the High Court. Representing the Receiver and the Crown in establishing the extent and use of the Receiver's lien for costs, fees and disbursements.
  • 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.
  • REGINA V LIAQUAT ALI AND OTHERS - Representing the Defendant in a prosecution brought by HMRC in relation to the use of a hawala banking money transmission bureaux for laundering £127 million of the proceeds of crime during a period of just over 3 years.
    Insider dealing - representing the defendant in confiscation proceedings.
  • GRIMES V CPS [2004] 1 F.L.R. 910 
    Civil appeal - costs of government agencies in matrimonial and confiscation proceedings.
    Civil proceedings representing the Receiver - concerning the appointment of the Receiver in relation to "gifts" under CJA 1988. Followed by a wholesale root and branch attack on the Receivership.