Successful Legal Challenge: Construction Company Reclaims Frozen Bank Account

In a recent legal achievement, Jonathan Lennon, working in conjunction with Sundeep Soor of Reeds Solicitors, achieved a significant victory for a national blue-chip construction company.

The company found itself in a challenging situation when one of its bank accounts was frozen under the Proceeds of Crime Act (POCA) following an application by HM Revenue and Customs (HMRC). Allegations were made that the substantial funds held in the account were linked to fraudulent activities. However, through a meticulous evidential and legal challenge, Jonathan Lennon successfully directed the case, leading to the return of the company’s bank account.

HMRC obtained a freezing order on the company’s bank account without prior notice, invoking POCA provisions. HMRC claimed a reasonable suspicion that the funds in the account were the proceeds of fraud. This sudden and severe restriction created a challenging situation for the construction company, jeopardising its operations and financial stability.

Jonathan Lennon, supported by Sundeep Soor and the company’s directors and accountants, took charge of the legal proceedings. Challenging Account Freezing Orders under Part 5 of the Proceeds of Crime Act requires specialised expertise and Jonathan brought his wealth of experience to the case. Together with the instructing solicitor, Sundeep Soor and the company’s representatives, he devised a strategic approach to tackle both the evidential and legal aspects of the case.

Jonathan spearheaded the evidential challenge, meticulously examining the allegations put forth by HMRC. After a rigorous legal battle, the company’s persistence and the expertise of Jonathan Lennon paid off. In June 2023, HMRC conceded when faced with the contested extension application.

Conclusion

The success marked a significant turning point for the construction company, as it successfully reclaimed control over its frozen bank account. The strategic approach, evidential challenge, and legal expertise demonstrated by Jonathan Lennon, together with the collaborative efforts of the instructing solicitor, Sundeep Soor and the company’s representatives, were instrumental in achieving this favourable outcome. This case reinforces the importance of specialised knowledge and expert legal representation when facing the challenging circumstances of Account Freezing Orders under the Proceeds of Crime Act.