The appellants challenged an order made against them under the 2002 Act where Mr Gale had been prosecuted abroad, but not convicted on drug trafficking allegations. The Agency said that no satisfactory explanation had been given of the considerable assets accumulated, and the Court rejected the appellants’ evidence as unreliable.
Held: The appeal failed.
Judges:
Carnwath, Toulson, Aikens LJJ
Citations:
[2010] EWCA Civ 759, [2010] Lloyd’s Rep FC 557, [2010] 1 WLR 2881
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – The Director of the Assets Recovery Agency v Gale and others Admn 16-May-2008
Burden of costs in asset revovery case – third party without capacity. . .
Appeal from – Serious Organised Crime Agency v Gale and Others QBD 12-May-2009
Mr Gale had been prosecuted twice in foreign courts on allegations of drug trafficking. Each prosecution had failed. The Agency nevertheless sought an order under the 2002 Act alleging that his property was the fruit of criminal activity.
Cited by:
Appeal from – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 21 August 2022; Ref: scu.420388