Director of Public Prosecutions v Adams & Anor [2025] EWHC 26 (KB) (09 January 2025)

Director of Public Prosecutions v Adams & Anor [2025] EWHC 26 (KB) (09 January 2025)

The court found on the balance of probabilities that the property was purchased solely with proceeds of the First Defendant's drug trafficking, making it recoverable property under POCA 2002. The Second Defendant did not obtain the property in good faith and knew of the unlawful source of funds. The Claimant is entitled to a Civil Recovery Order and costs.

Citation
[2025] EWHC 26 (KB)
Parties
Claimant: Director of Public Prosecutions; First Defendant: Mr Glenford Robert Adams; Second Defendant: Ms Melissa Latoya Nembhard
Jurisdiction
England and Wales
Judgment Date
09 January 2025
Procedural Posture
Civil Recovery Order (proceeds of Crime Act 2002) / High Court Trial and Judgment
Outcome
Claim allowed. Civil Recovery Order granted. Costs awarded to Claimant.
Legal Topics
Civil Recovery of Proceeds of Crime, Property Obtained Through Unlawful Conduct, Standard of Proof in Civil Recovery, Good Faith Defence Under POCA, Costs in Civil Proceedings
Criminal Law Civil Procedure Proceeds of Crime Civil Recovery of Proceeds of Crime Property Obtained Through Unlawful Conduct Standard of Proof in Civil Recovery Good Faith Defence Under POCA Costs in Civil Proceedings

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Parties

Director of Public Prosecutions

Claimant

Mr Glenford Robert Adams

First Defendant

Ms Melissa Latoya Nembhard

Second Defendant

Procedural Posture

Civil Recovery Order (proceeds of Crime Act 2002) / High Court Trial and Judgment

Legal Issues

  1. 1 Whether the property at 11 Christopher Boulevard, Kingston, Jamaica, is recoverable property under the Proceeds of Crime Act 2002 as obtained through unlawful conduct
  2. 2 Whether the Second Defendant has a good faith defence under s.266(4) POCA 2002
  3. 3 Whether the Claimant is entitled to a Civil Recovery Order and costs

Ratio Decidendi

The court found on the balance of probabilities that the property was purchased solely with proceeds of the First Defendant's drug trafficking, making it recoverable property under POCA 2002. The Second Defendant did not obtain the property in good faith and knew of the unlawful source of funds. The Claimant is entitled to a Civil Recovery Order and costs.

Court Disposition

Claim allowed. Civil Recovery Order granted. Costs awarded to Claimant.

Orders

  • A Recovery Order under section 266 of the Proceeds of Crime Act 2002 is made in respect of 11 Christopher Boulevard, St Andrew, Kingston, Jamaica (Title Registration at Volume 1080, Folio 543).
  • The property shall vest in the Trustee for Civil Recovery forthwith.