Edward Jenkins QC and Ben Douglas-Jones in the Supreme Court

Edward Jenkins QC and Ben Douglas-Jones appeared before the Supreme Court of the United Kingdom on 5th December, 2013, to represent the Director of the Serious Fraud Office, the respondent in R v. O'Brien.

Last year in the course of two reported Court of Appeal cases they persuaded the Court of Appeal that contempt of court constituted by a breach of a restraint order under the Proceeds of Crime Act 2002 s.41 was a civil, not a criminal, contempt, meaning that the principle of speciality did not preclude proceedings for such a contempt against a person who had been extradited to the United Kingdom to face charges of fraud.  The Appellant obtained leave to appeal.  The Justices of the Supreme Court are yet to give judgment.  The case is of massive importance as it has the potential to inform the way litigants are dealt with in criminal and civil proceedings when they are alleged to have breached freezing, property freezing, restraint and other orders and are overseas.

The Court of Appeal judgments were reported as Serious Fraud Office v B (No. 1) [2012] EWCA Crim 67 and Serious Fraud Office v B (No. 2) [2012] EWCA Crim 901.