Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process.
Held: Forfeiture proceedings were now under way, and any release must await the result. The question in those proceedings would be whether the cash was derived from unlawful conduct. The issue before this court was ownership. However the claim sought recovery of cash, and the 2002 Act assigned the resolution of disputes about cash alleged to represent the proceeds of crime to the magistrates’ court (and on appeal the Crown Court). The essence of the issues before the magistrates would in fact be the ownership of the cash, and therefore these proceedigs were an attempt to pre-empt the magistrates and were an abuse. The claim was struck out.
Judges:
Lewison J
Citations:
(2010) 174 JP 377, [2010] EWHC 1704 (Ch)
Links:
Statutes:
Proceeds of Crime Act 2002 Part 5, Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 1191)
Jurisdiction:
England and Wales
Citing:
Cited – Barraclough v Brown HL 1897
The 1889 Act gave statutory undertakers who had incurred expenditure in removing a sunken vessel a right ‘to recover such expenses from the owner of such vessel in a court of summary jurisdiction.’ the undertakers began their action in the High . .
Applied – Glaxo Group Ltd and Others v Inland Revenue Commissioners ChD 21-Nov-1995
A tax adjustment can be made by the Inland Revenue on an open assessment following transfer pricing enquiry and direction, even after many years. The court considered that the jurisdiction of the special and the general commissioners to determine . .
Cited – Horner v Franklin 1905
. .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Magistrates
Updated: 06 December 2022; Ref: scu.420428
