Designated Officer for Sunderland Magistrates' Court v George Knowles Krager [2011] EWHC 3283 (Ch) (14 December 2011)

Designated Officer for Sunderland Magistrates' Court v George Knowles Krager [2011] EWHC 3283 (Ch) (14 December 2011)

The claimant lacks locus standi because she is not the beneficiary of the charging order; the charging order was granted to a different person, and there is no procedural mechanism to transfer or rectify this error post-judgment. Civil enforcement of confiscation orders is permissible, but only by the proper party with an interest in the property.

Citation
[2011] EWHC 3283 (Ch)
Parties
Claimant: Designated Officer for Sunderland Magistrates' Court; First Defendant: George Knowles Krager; Second Defendant: Lorraine Amanda Mason
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Preliminary Issue in Civil Enforcement Proceedings / Judgment on Preliminary Issue of Locus Standi and Jurisdiction
Outcome
Claim dismissed
Legal Topics
Enforcement of Confiscation Orders, Charging Orders, Locus Standi, Jurisdiction, Trusts of Land and Appointment of Trustees Act 1996 (tolata)
Civil Procedure Criminal Law Property Law Enforcement of Confiscation Orders Charging Orders Locus Standi Jurisdiction Trusts of Land and Appointment of Trustees Act 1996 (tolata)

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Parties

Designated Officer for Sunderland Magistrates' Court

Claimant

George Knowles Krager

First Defendant

Lorraine Amanda Mason

Second Defendant

Procedural Posture

Preliminary Issue in Civil Enforcement Proceedings / Judgment on Preliminary Issue of Locus Standi and Jurisdiction

Legal Issues

  1. 1 Whether the claimant has locus standi to bring proceedings under section 14 of TOLATA
  2. 2 Whether the High Court or county court has jurisdiction to enforce a confiscation order by charging order and sale of property

Ratio Decidendi

The claimant lacks locus standi because she is not the beneficiary of the charging order; the charging order was granted to a different person, and there is no procedural mechanism to transfer or rectify this error post-judgment. Civil enforcement of confiscation orders is permissible, but only by the proper party with an interest in the property.

Court Disposition

Claim dismissed

Orders

  • Proceedings dismissed for lack of locus standi