Key Facts
- •Mikhail Fridman, a dual Russian and Israeli citizen residing in the UK, was sanctioned by the UK government under the Russia (Sanctions) (EU Exit) Regulations 2019.
- •The National Crime Agency (NCA) obtained a search warrant from HHJ Perrins at Southwark Crown Court to search Fridman's home.
- •The warrant was executed on December 1, 2022, leading to the seizure of property.
- •Fridman brought a judicial review claim challenging the legality of the warrant and its execution, raising 12 grounds of challenge.
- •The NCA initially conceded six grounds but later conceded all twelve grounds.
- •The court considered whether to decide the substantive issues at the permission stage or to proceed to a full hearing.
Legal Principles
A claim for judicial review has two stages: permission and substantive hearing.
Court judgment
Section 59 of the Criminal Justice and Police Act 2001 allows a public authority to apply to the Crown Court for authorization to retain seized property after a warrant is quashed.
Criminal Justice and Police Act 2001, s.59
The High Court has jurisdiction to order the return of seized material, even if the Crown Court has jurisdiction under s.59.
R (on the application of Chatwani) v The National Crime Agency [2015] EWHC 1283 (Admin); R (on the application of HS & Ors) v South Cheshire Magistrates’ Court [2015] EWHC 3415 (Admin)
The High Court's decision to order the return of seized material is fact-sensitive and may consider the conduct of the agency obtaining the warrant.
R (on the application of Chatwani) v The National Crime Agency [2015] EWHC 1283 (Admin)
Outcomes
Permission granted for judicial review on all 12 grounds.
The grounds were considered arguable and merited full investigation with all relevant evidence at a full hearing.
The court refused to treat the permission hearing as a full substantive hearing.
This is inconsistent with Part 54 of the Civil Procedure Rules, the order of Lavendar J, and principles of procedural fairness. The NCA had not yet filed its detailed grounds of defense and evidence.