Crown Prosecution Service v MN [2005] EWHC 2622 (Admin) (21 November 2005)

Crown Prosecution Service v MN [2005] EWHC 2622 (Admin) (21 November 2005)

Where matrimonial assets are tainted by crime and subject to a confiscation order, the court must ensure the confiscation order is satisfied in full, the innocent spouse's reasonable needs are met, and any residue may be divided equitably, but not necessarily equally, between the spouses. The appointment of a receiver is appropriate if the convicted spouse fails to realise assets within a reasonable time.

Citation
[2005] EWHC 2622 (Admin)
Parties
Claimant/intervener: Crown Prosecution Service; Defendant/respondent/husband: MN; Petitioner/wife: SN
Jurisdiction
England and Wales
Judgment Date
21 November 2005
Procedural Posture
Ancillary Relief and Application for Appointment of Receiver / Final Judgment After Contested Hearing
Outcome
Ancillary relief granted; receiver to be appointed if husband fails to realise assets; costs orders made.
Legal Topics
Ancillary Relief, Confiscation Orders, Division of Matrimonial Assets, Appointment of Receiver, Proceeds of Crime
Family Law Criminal Law Asset Forfeiture Ancillary Relief Confiscation Orders Division of Matrimonial Assets Appointment of Receiver Proceeds of Crime

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Parties

Crown Prosecution Service

Claimant/intervener

MN

Defendant/respondent/husband

SN

Petitioner/wife

Procedural Posture

Ancillary Relief and Application for Appointment of Receiver / Final Judgment After Contested Hearing

Legal Issues

  1. 1 How should matrimonial assets be divided where a confiscation order exists against one spouse?
  2. 2 Should a receiver be appointed to realise assets for a confiscation order?
  3. 3 How should the residue of assets be distributed between innocent spouse and convicted spouse?

Ratio Decidendi

Where matrimonial assets are tainted by crime and subject to a confiscation order, the court must ensure the confiscation order is satisfied in full, the innocent spouse's reasonable needs are met, and any residue may be divided equitably, but not necessarily equally, between the spouses. The appointment of a receiver is appropriate if the convicted spouse fails to realise assets within a reasonable time.

Court Disposition

Ancillary relief granted; receiver to be appointed if husband fails to realise assets; costs orders made.

Orders

  • Wife to receive Holbein Gardens, chattels, a lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger.
  • Husband given until January 2006 to realise Windingbrook Lane and Austin Street; otherwise, receiver to be appointed.