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ARTICLE · 08 JUNE 2020

High Court Ruling May Impede Unexplained Wealth Order Use

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On 8 April 2020 the NCA suffered its first setback in using Unexplained Wealth Orders (‘UWOs'). The Respondents in NCA v Baker successfully applied to discharge UWOs relating to three properties

United StatesWealth Management
David Rundle
David Rundle
Josef Rybacki
Josef Rybacki
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On 8 April 2020 the NCA suffered its first setback in using Unexplained Wealth Orders ('UWOs'). The Respondents in NCA v Baker successfully applied to discharge UWOs relating to three properties in London, all held by offshore trusts. The UWO regime requires the respondents of an order to clarify their interest in specified property and to explain how they obtained that interest. In the present case, the Respondents provided substantial information in response to the orders, but the NCA rejected the explanations provided. Accordingly, the Respondents sought their discharge, arguing that the NCA had not satisfied the statutory requirements and had obtained the orders on a flawed basis. 

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