The Scottish Ministers v Stirton and Another: SCS 7 Nov 2014

These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had sufficient evidence tat one of the properties charged had been the fruit of unlawful conduct.
Held: Only one standard of proof applies, , that being the balance of probabilities.

Garloway Lord Justice Clerk
[2014] ScotCS CSIH – 92
Bailii
Proceeds of Crime Act 2002
Scotland
Citing:
See AlsoScottish Ministers v Stirton and Another SCS 5-Feb-2008
Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . .
See AlsoScottish Ministers v Stirton and Another SCS 30-Apr-2009
. .
See AlsoThe Scottish Ministers v Stirton SCS 24-Jan-2012
. .
See AlsoScottish Ministers, Re Stirton and Another SCS 17-Oct-2012
. .
CitedThe Scottish Ministers v Stirton and Another SCS 11-Oct-2013
. .

Cited by:
CitedSadovska and Another v Secretary of State for The Home Department SC 26-Jul-2017
The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 23 December 2021; Ref: scu.539154