The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the wife in divorce ancillary relief proceedings, despite an application for confiscation.
Held: The court should not distribute within the family assets known by the people involved to be tainted by criminal activity. Nothing in the relevant provisions of either the Criminal Justice Act 1988 or the Matrimonial Causes Act 1973 requires the court to hold that either statute takes priority over the other. Both statutes confer discretions on the court and the court has to weigh its discretions under both statutes before deciding what orders to make.
Thorpe LJ, Moses LJ, Hedley J
[2006] EWCA Civ 849, Times 10-Jul-2006, [2006] 2FLR 1220
Bailii
Drug Trafficking Act 1994, Matrimonial Causes Act 1973
England and Wales
Citing:
Cited – Harris v Harris CA 11-Jun-1997
The interests of the family in ancillary relief proceedings had to be postponed to those of the victims of the dishonest husband. . .
Cited – H M Customs and Excise and Another v MCA and Another; A v A; Re MCA CA 22-Jul-2002
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited by:
Cited – Gibson v Revenue and Customs Prosecution Office CA 12-Jun-2008
The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest.
Held: Despite the finding that she . .
Lists of cited by and citing cases may be incomplete.
Family, Criminal Practice
Leading Case
Updated: 09 November 2021; Ref: scu.242874
