Successful appeal against civil account forfeiture order for monies intended to be donated to Palestinian family in Gaza

Rabah Kherbane leading Drishti Suri (Blackstone Chambers) represented the Appellant, RB, and Interested Party, GZ, in an appeal against a bank account freezing order and then forfeiture order made by counter-terrorism police for £21,100. The sum was intended to be paid to a family in Gaza during the conflict in January 2024. It was intended to assist them with crossing the Rafah border to safety in Egypt. Counter-terrorism police froze those funds.

In the lower court, counter-terrorism police alleged the monies were intended for unlawful conduct, by transaction through an unregistered money service business.

On appeal, RB and GZ argued it was not proven on the evidence before the court that the monies were intended for use by an unregistered money service business, and in any case, it would be a disproportionate interference with GZ’s property rights to forfeit her legitimate funds that were intended for a charitable purpose. The court agreed and allowed the appeal.

Rabah Kherbane was instructed by Birnberg Peirce Solicitors.