The defendant in criminal proceedings (M) had been found to be beneficial owner of property. The company, its registered proprietor appealed against an order declaring the property to be a realisable asset of M. The respondent had said the registration was a scheme to hide its true ownership by M. There had been evidence of M’s involvement in the purchase of his intention to purchase it through an offshore vehicle, and of his payment of utility bills.
Held: The judge’s conclusion was unsustainable from the evidence available to him. There was insufficient evidence that the loan transaction financing the purchases was a sham.
Etherton LJ
[2010] EWCA Civ 521, [2010] STI 1591, [2010] 3 All ER 1173, [2010] Lloyd’s Rep FC 484, [2010] WTLR 1315, [2010] STC 1506
Bailii
Criminal Justice Act 1988 74(1) 71
England and Wales
Citing:
Cited – In Re D Admn 2006
The court considered the ambit of the discretionary grant of a restraint order, where the proceeds of crime had been transferred to a company.
Held: Ouseley J said: ‘In my judgment the real question which a judge faced with an application for . .
Cited – In re Norris, Application by Norris HL 28-Jun-2001
The applicant’s husband had been made the subject of a drugs confiscation order. Part of this was an order against the house. She had failed in asserting that the house was hers. Her appeal to a civil court had been disallowed as an abuse. It was . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Cited – Modjiri, Regina v CACD 22-Apr-2010
The court was asked whether, where the convicted person is one of a number of registered owners of land, each of whom has a beneficial tenancy in common in the land, and the land cannot be sold, mortgaged or leased without the consent of all the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 12 November 2021; Ref: scu.414900