KB-2024-001295 - [2025] EWHC 3000 (KB)
Fecha: 14-Nov-2025
Analysis and decision
Analysis and decision
I am content to approve the civil recovery order agreed between the Claimant and D1, subject to the modest revisions discussed and agreed during the 11 November 2025 hearing. This included provision for the Claimant to serve the order not only on all the Defendants but directly on the Home Office, to assist with the future steps anticipated, described at [98] above.
The Claimant and D1 agreed that it was appropriate for me to set out brief reasons for approving the order, not least because of the sums of money involved and because D1 and D2 have not consented to the order, albeit that they have both disclaimed any interest in the funds held in the accounts. I now do so.
The starting point is that the effect of POCA, s.266(1), is that absent the application of any of the exceptions, which is the case here, the court “must” make a recovery order if the court is satisfied that any “property” is “recoverable”.
(i): “Property”
Cryptocurrency is “property” for the purposes of POCA, s.316(4): Briedis at [38] above.
- Heading
- Introduction
- The evidence
- The factual background in overview
- (ii): D2 and D3
- More detail on the source of the funds in the accounts
- The legal framework
- The procedural history prior to the 9 June 2025 hearing
- The Case Management Conference (“CMC”) on 18 March 2025
- Events between the CMC and 9 June 2025
- The 9 June 2025 hearing
- Proceeding in the absence of D2 and D3
- Service of the hearing papers on D1
- Events after the 9 June 2025 hearing
- The 11 November 2025 hearing
- Analysis and decision
- (ii): The location of the Property
- (iii): “Recoverable property”
- (a): The nature of the Property itself
- (b): The way the Property is held
- (c): Additional efforts undertaken to conceal the origin of the Property and its connection to the D1
- (d): The US offences
- (f): The lack of any evidence in response to the Claimant’s case
- Conclusions