Crown Prosecution Service v MN [2005] EWHC 2623 (Fam) (21 November 2005)

Crown Prosecution Service v MN [2005] EWHC 2623 (Fam) (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, meet the innocent spouse's reasonable needs, and may depart from strict equality in division. The residue after satisfaction of the order and reasonable needs may be divided, but the criminal spouse is not entitled to retain tainted assets. The court may appoint a receiver to realise assets, with costs borne by the defendant.

Citation
[2005] EWHC 2623 (Fam)
Parties
Claimant/intervener: THE 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 with clean break; wife awarded Holbein Gardens, chattels, lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger. Receiver to be appointed if husband fails to realise assets by January 2006. Husband to pay three-quarters of the Crown's costs.
Legal Topics
Ancillary Relief, Confiscation Order, Appointment of Receiver, Division of Matrimonial Assets, Proceeds of Crime, Clean Break Order, Costs
Family Law Criminal Law Asset Forfeiture Ancillary Relief Confiscation Order Appointment of Receiver Division of Matrimonial Assets Proceeds of Crime +2 more

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Parties

THE 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, after satisfaction of the confiscation order, be distributed between the spouses?

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, meet the innocent spouse's reasonable needs, and may depart from strict equality in division. The residue after satisfaction of the order and reasonable needs may be divided, but the criminal spouse is not entitled to retain tainted assets. The court may appoint a receiver to realise assets, with costs borne by the defendant.

Court Disposition

Ancillary relief granted with clean break; wife awarded Holbein Gardens, chattels, lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger. Receiver to be appointed if husband fails to realise assets by January 2006. Husband to pay three-quarters of the Crown's costs.

Orders

  • Wife to receive Holbein Gardens, chattels, lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger.
  • Clean break order between husband and wife.