Director of Assets Recovery Agency & Ors, R (on the application of) v Green & Ors [2005] EWHC 3168 (Admin) (16 December 2005)

Director of Assets Recovery Agency & Ors, R (on the application of) v Green & Ors [2005] EWHC 3168 (Admin) (16 December 2005)

In civil recovery proceedings under Part 5 of the Proceeds of Crime Act 2002, the Director need not allege the commission of any specific criminal offence but must set out the matters alleged to constitute the particular kind or kinds of unlawful conduct by or in return for which the property was obtained. A claim for civil recovery cannot be sustained solely on the basis that a respondent has no identifiable lawful income to warrant his lifestyle.

Citation
[2005] EWHC 3168 (Admin)
Parties
Claimant: Director of Assets Recovery Agency and Others; Defendants: Jeffrey David Green and Others; Defendant: 10th Defendant; Defendant: 6th Defendant; Defendant: 13th Defendant; Defendant: 18th Defendant
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Judicial Review / Civil Recovery Proceedings / Determination of Preliminary Issue
Outcome
Preliminary issue answered as per the court's formulation: the Director must set out matters alleged to constitute a particular kind or kinds of unlawful conduct; a claim cannot be sustained solely on the basis of lack of identifiable lawful income.
Legal Topics
Burden of Proof, Pleading Requirements, Civil Standard of Proof, Property Rights, Unlawful Conduct, Interpretation of Proceeds of Crime Act 2002
Civil Recovery Proceeds of Crime Statutory Interpretation Burden of Proof Pleading Requirements Civil Standard of Proof Property Rights Unlawful Conduct +1 more

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Parties

Director of Assets Recovery Agency and Others

Claimant

Jeffrey David Green and Others

Defendants

10th Defendant

Defendant

6th Defendant

Defendant

13th Defendant

Defendant

18th Defendant

Defendant

Procedural Posture

Judicial Review / Civil Recovery Proceedings / Determination of Preliminary Issue

Legal Issues

  1. 1 Whether a claim for civil recovery can be determined on the basis of conduct in relation to property without identification of any particular unlawful conduct
  2. 2 Whether the claimant can sustain a case for civil recovery where a respondent has no identifiable lawful income to warrant the lifestyle and purchases

Ratio Decidendi

In civil recovery proceedings under Part 5 of the Proceeds of Crime Act 2002, the Director need not allege the commission of any specific criminal offence but must set out the matters alleged to constitute the particular kind or kinds of unlawful conduct by or in return for which the property was obtained. A claim for civil recovery cannot be sustained solely on the basis that a respondent has no identifiable lawful income to warrant his lifestyle.

Court Disposition

Preliminary issue answered as per the court's formulation: the Director must set out matters alleged to constitute a particular kind or kinds of unlawful conduct; a claim cannot be sustained solely on the basis of lack of identifiable lawful income.