Westwater Advocates’, Calum MacNeill QC and Bryan Heaney, appeared on opposite sides of the most important Proceeds of Crime Act (POCA) appeal of recent years, Scottish Ministers v Stirton. The opinion of the Second Division was advised on October 11, 2013: [2013] CSIH 81 (http://www.scotcourts.gov.uk/opinions/2013CSIH81.html).
Calum appeared for one of the two appellants. He had not appeared in the Outer House. His arguments focused on important issues under POCA. They enabled the Inner House to give strong guidance on the use of Public Interest Immunity certificates by the Scottish Ministers, the quality of evidence needed to prove allegations of criminal conduct in civil cases and the definition of the crime of extortion under Scots criminal law.
Bryan was junior counsel for the Scottish Ministers. He had been led by Ruth Crawford QC in the Outer House where there were 130 days of proof: Scottish Ministers v Stirton [2012] CSOH 15 (http://www.scotcourts.gov.uk/opinions/2012CSOH15.html). He was also Ruth’s junior in the Inner House.
Bryan is the Scottish Editor of Lloyds’ Law Reports Financial Crime series. He appears in POCA cases in the Court of Session, High Court of Justiciary and sheriff court. He advises professionals in the financial services sector about their POCA obligations.
POCA proceedings are at the interface between regulatory, civil and criminal law. The multi-disciplinary practices of members of Westwater Advocates make them well-placed to advise and appear in relation to POCA issues.