Webb v The Chief Constable of Merseyside [1999] EWCA Civ 3041 (26 November 1999)

Webb v The Chief Constable of Merseyside [1999] EWCA Civ 3041 (26 November 1999)

The police cannot retain money seized as suspected proceeds of drug trafficking once their statutory powers to do so have expired and no conviction or confiscation order exists. Illegality is not a defence to a civil claim for return of property unless the claimant must rely on the illegality to establish title. Public policy does not justify expropriation by the police absent statutory authority, and the Bowmakers exception does not apply to money.

Citation
[1999] EWCA Civ 3041
Parties
Appellant/claimant: Roy Webb; Respondent/defendant: Chief Constable of Merseyside; Respondent/claimant (in Porter Case): Mary Porter; Respondent/claimant (in Porter Case): Christian Porter
Jurisdiction
England and Wales
Judgment Date
26 November 1999
Procedural Posture
Civil Appeal (joined Appeals) / Court of Appeal (england and Wales) Judgment on Appeal From Liverpool County Court
Outcome
Appeal in Webb allowed; appeal in Porter allowed to the extent of remitting for factual determination.
Legal Topics
Illegality Defence, Proceeds of Crime, Police Powers of Seizure and Retention, Conversion, Public Policy, Possession and Title to Property
Civil Procedure Criminal Law Property Law Illegality Defence Proceeds of Crime Police Powers of Seizure and Retention Conversion Public Policy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Roy Webb

Appellant/claimant

Chief Constable of Merseyside

Respondent/defendant

Mary Porter

Respondent/claimant (in Porter Case)

Christian Porter

Respondent/claimant (in Porter Case)

Procedural Posture

Civil Appeal (joined Appeals) / Court of Appeal (england and Wales) Judgment on Appeal From Liverpool County Court

Legal Issues

  1. 1 Whether police may retain money seized as suspected proceeds of drug trafficking when statutory powers to retain have expired and no conviction/confiscation order exists
  2. 2 Whether illegality (money as proceeds of crime) is a defence to a civil claim for return of property where claimant is not convicted
  3. 3 Whether public policy justifies police retention absent statutory authority

Ratio Decidendi

The police cannot retain money seized as suspected proceeds of drug trafficking once their statutory powers to do so have expired and no conviction or confiscation order exists. Illegality is not a defence to a civil claim for return of property unless the claimant must rely on the illegality to establish title. Public policy does not justify expropriation by the police absent statutory authority, and the Bowmakers exception does not apply to money.

Court Disposition

Appeal in Webb allowed; appeal in Porter allowed to the extent of remitting for factual determination.

Orders

  • Webb: Appeal allowed; money to be returned to Roy Webb unless parties agree otherwise; issue of interest remitted to Liverpool County Court if not agreed.
  • Porter: Appeal allowed to extent of remitting case for determination of entitlement to possession; to be heard by a different judge; respondents to have costs.