KB-2024-001295 - [2025] EWHC 3000 (KB)

POCA, s.282A(1) provides that the court may make a recovery order in respect of property wherever situated, and in respect of a person wherever present. The Property in this case is held by financial institutions that have a presence in the UK, but it is not entirely clear where the Property is held.

Assuming that the Property is held outside of the UK, s.282A(2) applies. This provides that in order to make a recovery order in respect of property that is outside the [UK] there must be a “connection between the case and England the relevant part of the [UK]”.

By s.282A(3), the nature of the connection required is described in schedule 7A of POCA. By para. 5 of schedule 7A the connection is satisfied where a person whose conduct was part of the unlawful conduct, or who holds the property in question, is linked to the relevant part of the UK.

The “link” includes being a British citizen, or a person domiciled, resident or present in the relevant part of the UK.

In this case, D1, D2 and D3 are all British citizens. D2 and D3 currently appear to be present in England and Wales. D1 was in England at some point between 13 April 2025 (when he arrived at Heathrow, having been removed from the US) and 7/8 June 2025 (by which point he was in Spain).