The Court of Appeal ("CA") recently handed down a significant judgment giving rise to repercussions for retailers across a range of sectors: World Uyghur Congress, R (on the application of) v National Crime Agency [2024] EWCA Civ 715. The issue on appeal was whether the National Crime Agency ("NCA") erred in law in its decision not to investigate imports of cotton with suspected links to forced labour and human rights abuses overseas.
In considering this, the CA provided guidance on key points in relation to the interpretation of the Proceeds of Crime Act 2002 ("POCA"), particularly on the adequate consideration exemption in relation to money laundering offences. This will have wider implications for businesses with suspected criminality and human rights abuses in their supply chains.
Key Points
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Although investigative authorities are given extremely broad discretion, they must direct themselves correctly in law and the courts will intervene if the natural reading of a decision reveal