After a drugs trial, the commissioners sought a confiscation order against the defendant’s assets. The defendant’s wife argued that the house was in reality hers. The trial judge found against her. In later proceedings enforce the order, the wife again sought to assert an interest. It was held that the provisions allowing such a challenge only applied where no prior opportunity to present a claimants case had been available. Here it would be wrong to allow her to try to re-litigate the issues.
Judges:
Tuckey LJ
Citations:
Gazette 10-Feb-2000, Times 25-Feb-2000, [2000] EWCA Civ 14, [2000] 1 WLR 1094
Links:
Statutes:
Drug Trafficking Offences Act 1986
Jurisdiction:
England and Wales
Cited by:
Cited – Abbas Kassimali Gokal v Serious Fraud Office CA 16-Mar-2001
The defendant was convicted of an offence to which section 15 of the Theft Act did not apply. It involved a deception of the auditors of BCCI in concealing a number of substantial loans made to a group of companies run by the defendant. Buxton J had . .
Cited – Olubitan v Regina CACD 7-Nov-2003
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 31 May 2022; Ref: scu.147047