Jonathan Fisher KC, Tom Forster KC and Anita Clifford successfully represent the World Uyghur Congress in The Court of Appeal

June 27, 2024

Jonathan Fisher KC, Tom Forster KC and Anita Clifford have successfully represented the World Uyghur Congress in The Court of Appeal (Civil Division) in a challenge brought against the NCA’s decision not to investigate suspected breaches of POCA to do with cotton imports from Xinjiang, China.

The Judgment delivered on 27th June, 2024 is significant and highlights:

-Implications for the application of the money laundering legislation in commercial cases. The decision cuts new ground by demonstrating how the money laundering offences can be applied to commercial transactions involving the supply chain where there is suspected criminal conduct afoot, in this instance, the use of slave labour.

-The limits of the exemption from criminal liability for money laundering where a person receives criminal property in consideration of goods or services they have provided. The decision provides important clarification on the requirements for a proceeds of crime investigation and the bounds of the adequate consideration exemption.

-Draws attention to surprising errors made by the NCA in their understanding of the money laundering laws they are statutorily obliged to enforce.

-For the first time the decision records in a judicial context an awareness of the plight of the Uyghur community in China.

Watch recording from The Court of Appeal ( Civil) here: [YouTube]

RLC Counsel were instructed by Bindmans LLP and also included Russell Hopkins (Temple Garden Chambers) and Admas Habteslasie (Landmark Chambers).

Read full judgment here: [Judgment 27.6.24]

News stories:

[Judiciary UK]
[OpinioJuris]
[Spotlight Corruption]
[Jonathan Fisher KC & Tom Forster KC appear before Court of Appeal civil division]