Capper v Chaney & Anor

Capper v Chaney & Anor

The High Court claim to ownership of seized cash is an indirect attempt to achieve the same result as would be open to the claimant in the magistrates’ court forfeiture proceedings. Parliament has assigned jurisdiction to the magistrates’ court for such disputes. The High Court proceedings are an abuse of process and should be struck out.

Parties
Claimant: John Michael Capper; First Defendant: Daniel Chaney; Second Defendant: The Commissioner of the Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Civil / Appeal Against Refusal to Strike Out Claim
Outcome
Appeal allowed; claim struck out.
Legal Topics
Abuse of Process, Jurisdiction, Proceeds of Crime, Ownership of Seized Cash
Civil Procedure Criminal Law Abuse of Process Jurisdiction Proceeds of Crime Ownership of Seized Cash

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Parties

John Michael Capper

Claimant

Daniel Chaney

First Defendant

The Commissioner of the Police for the Metropolis

Second Defendant

Procedural Posture

Civil / Appeal Against Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the High Court has jurisdiction to determine ownership of cash seized under POCA when forfeiture proceedings are ongoing in the magistrates’ court
  2. 2 Whether the High Court claim constitutes an abuse of process

Ratio Decidendi

The High Court claim to ownership of seized cash is an indirect attempt to achieve the same result as would be open to the claimant in the magistrates’ court forfeiture proceedings. Parliament has assigned jurisdiction to the magistrates’ court for such disputes. The High Court proceedings are an abuse of process and should be struck out.

Court Disposition

Appeal allowed; claim struck out.

Orders

  • The claim is struck out.