Judicial Review and Constitutional Service

The powers that underpin asset recovery and money laundering enforcement are extensive, but they are not unlimited. Where an enforcement decision is taken unlawfully, unfairly or disproportionately, public law offers a route to challenge it. We bring judicial review proceedings against restraint, forfeiture and recovery decisions on grounds of procedural impropriety, irrationality, and interference with the constitutional right to the peaceful enjoyment of property.

Proportionality is often the decisive battleground. Measures that are excessive in their reach, that fail to account for third-party interests, or that impose consequences out of all proportion to any legitimate aim can be vulnerable to challenge, and we develop these arguments with care and rigour.

Our administrative and constitutional practice sits alongside our asset recovery work, so clients draw on a team that understands both the enforcement regime and the public law tools available to test it. We appear before the courts of the OECS and, where appropriate, pursue matters to the final appellate level.