Project Description

OUR PEOPLE

Jason Sugarman QC

Penny Small

Penelope Small regularly appears in the Court of Appeal, the High Court and Crown Courts across the country where she represents the interests of prosecuting authorities, companies, trusts, third parties and defendants and regularly tackles cases with a cross border aspect and cases relating to the restraint or realisation of assets both before and after criminal convictions and during civil restraint and recovery proceedings.

Over the years Penny has been been recommended in the most important directories, illustrating her work ethic, experience and skill. Penelope is recommended in Chambers and Partners 2020 as “Extremely meticulous in her approach to cases and someone with a vast amount of experience in POCA and asset recovery.” and in the same directory in 2019 “Her paperwork is very thorough and she’s a formidable negotiator.” In Legal 500 2021 as “Superb writing skills. Legal submissions are clear and concise. Works incredibly efficiently. Incredibly diligent and hard working. A no-nonsense approach that is appreciated by clients and solicitors. My go-to counsel for complex POCA cases” and in the same directory in 2020 and 2019 as “‘Very experienced in asset confiscation and recovery cases” and ‘‘In demand for confiscation cases, she is admired by leaders and opponents alike.

Penelope advises individuals, companies and solicitors’ firms who find themselves caught up in civil or criminal investigations, including parties who have been served with statutory or court ordered requests for disclosure of information and/or those who have become named in freezing or restraint orders.

Her cases frequently involve confiscation issues arising from criminal proceedings and complicated receivership issues. She has successfully defended clients facing multi-million confiscation orders. She has developed a particular expertise in relation to Mutual Legal Assistance and Letters of Request.

Recent Work Includes: Advising a corporate seeking to invest in Cannabis markets abroad on the SAR framework, representing a trust in multi-million confiscation order hearing, representing a number of wives in Crown Court confiscation proceedings where divorce proceedings were running concurrently and both the state and the spouse claimed the same assets. Dealing with restraint and management of bitcoin holdings.

Penelope is regularly instructed by prosecuting agencies including the SFO, FCA, CPS (PoCU) and BEIS (formerly BIS). She regularly represents wives and/or partners and business associates who seek to preserve from the court assets from former marriages/relationships from the statutory forfeiture regimes currently operating in this jurisdiction. She regularly lectures on proceeds of crime issues and is a contributing editor to Mitchell, Taylor & Talbot on Confiscation and the Proceeds of Crime.

Penny Small practices from The Chambers of Kennedy Talbot QC at 33 Chancery Lane.

NOTABLE CASES

  • R v X and others [2019- to date] representing SFO in multi-defendant restraint proceedings pre charge in respect of multimillion fraud investigation.
  • R v Elam [2020] Advised Enforcement Receiver on recovery of assets held in the name of a dissolved company held within an offshore trust.
  • R v Hussain [2020] Representing Respondent in the Court of Appeal where challenge to an agreed confiscation order was made on the grounds of the ‘perceived bias’ of the original sentencing tribunal.
  • X [2019] Advised former whistleblowing government employee on the nature and scope of the evidence which could be properly presented in ongoing civil proceedings whilst being compliant with Data Protection Legislation and an existing non-disclosure agreement.

Telephone: +44(0)2036557801