Anita Clifford on Court of Appeal UWO dismissal

Anita Clifford Bright Line Law

On 5 February the Court of Appeal dismissed the applicant’s challenge to the UWO regime in Hajiyeva v NCA [2020] EWCA Civ 108. Anita Clifford was asked by moneylaundering.com to comment on the decision as the first in the Court of Appeal on the new investigative tool.

Anita analysed one of the central arguments in the appeal which considered whether fair trial rights were breached by reliance on a foreign and potentially unsafe conviction from Azerbaijan. Anita clarified that this was only one feature of the NCA’s case, meaning there were other sources of evidence which justified the UWO being upheld irrespective of ‘whatever concern one has about the Azerbaijani legal system’. This analysis illuminates the possible width of future UWOs.

Anita co-authored The Criminal Finances Act 2017 which contains detailed analysis on the legal framework of UWOs, available here.

Anita’s practice includes advisory work on UWOs carried out by Bright Line Law.