Crown Prosecution Service v MN

Crown Prosecution Service v MN

The wife is entitled to Holbein Gardens, the chattels, a lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger, as this meets her reasonable requirements without unduly rewarding her for assets tainted by crime. The husband is left with the balance of the residue. The Crown is entitled to the appointment of a receiver if the husband fails to realise the remaining properties by January 2006, with receiver's costs, disbursements, and fees to be paid out of the assets. The husband is ordered to pay three-quarters of the Crown's costs.

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 Receiver Appointment / Final Judgment
Outcome
Ancillary relief granted; receiver appointment conditional; costs order made.
Legal Topics
Ancillary Relief, Confiscation Order, Appointment of Receiver, Division of Matrimonial Assets, Clean Break Order, Costs
Family Law Criminal Law Ancillary Relief Confiscation Order Appointment of Receiver Division of Matrimonial Assets Clean Break Order Costs

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Parties

THE CROWN PROSECUTION SERVICE

Claimant / Intervener

MN

Defendant / Respondent / Husband

SN

Petitioner / Wife

Procedural Posture

Ancillary Relief and Receiver Appointment / Final Judgment

Legal Issues

  1. 1 How should matrimonial assets be divided when a confiscation order exists against one spouse?
  2. 2 Should a receiver be appointed to realise assets for the satisfaction of a confiscation order?
  3. 3 What is the proper allocation of costs among the parties?

Ratio Decidendi

The wife is entitled to Holbein Gardens, the chattels, a lump sum of £28,500, and a further lump sum of £25,000 or one-quarter of the residue, whichever is larger, as this meets her reasonable requirements without unduly rewarding her for assets tainted by crime. The husband is left with the balance of the residue. The Crown is entitled to the appointment of a receiver if the husband fails to realise the remaining properties by January 2006, with receiver's costs, disbursements, and fees to be paid out of the assets. The husband is ordered to pay three-quarters of the Crown's costs.

Court Disposition

Ancillary relief granted; receiver appointment conditional; costs order made.

Orders

  • Clean break order: wife receives 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.
  • Husband to realise Windingbrook Lane and Austin Street by January 2006, failing which a receiver will be appointed.