In 2008 our client was subject to Operation Rize, a controversial ‘fishing expedition’ by the Police. The owners of a safe depository had been involved in criminal activity and so the Police obtained a warrant to open all of the boxes held at the depository without contacting the owners or even having any evidence of criminality in relation to those owners.

Our 63 year old professional client of good character was certainly not a criminal but was treated as such for nearly 5 years.

Upon providing the Police with an explanation for the contents of the box, the investigation was plagued with delays, failings and on several occasions no action at all. The criminal proceedings were eventually withdrawn as a result of a conflict in the prosecution evidence; a conflict that would have been identified in 2009 had the Police acted expeditiously! Lewis Nedas Law was successful in recovering our client’s costs in relation to the criminal proceedings.

The related civil cash forfeiture proceedings were later withdrawn and Lewis Nedas Law applied for costs dating back to 2009. Costs in relation to Civil Cash Forfeiture do not automatically flow with the outcome of the case but Lewis Nedas Law believed that the action (or lack thereof) by the Police was so serious that a Defence Cost Order was just and reasonable and that the Court should exercise its discretion. The District Judge agreed with Lewis Nedas and granted the application on the basis that there was unreasonable delay, the Police did not act reasonably, and that the decision not to proceed with the civil case could have been reached much earlier.