Director of the Assets Recovery Agency v Szepietowski & Ors

Director of the Assets Recovery Agency v Szepietowski & Ors

The applicant and interim receiver are entitled to use information obtained under a previous interim receiving order, even if it relates to different alleged wrongdoing, in support of a subsequent application for an interim receiving order, as there is no statutory or common law prohibition and such use is consistent with the statutory purpose of the Proceeds of Crime Act 2002.

Parties
Claimant: Director of the Assets Recovery Agency; First Respondent: John Szepietowski; Second Respondent: Susan Ann Serry; Third Respondent: Merchant Taylor Limited; Fourth Respondent: Cobham Investments Limited; Fifth Respondent: Highrealm Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2006
Procedural Posture
Civil Recovery Application / Interlocutory Application for Declaration on Use of Information Obtained Under Interim Receiving Order
Outcome
Declaration granted in favour of the claimant as against the defendant.
Legal Topics
Interim Receiving Orders, Use of Evidence, Civil Recovery of Proceeds of Crime
Civil Procedure Proceeds of Crime Interim Receiving Orders Use of Evidence Civil Recovery of Proceeds of Crime

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Parties

Director of the Assets Recovery Agency

Claimant

John Szepietowski

First Respondent

Susan Ann Serry

Second Respondent

Merchant Taylor Limited

Third Respondent

Cobham Investments Limited

Fourth Respondent

Highrealm Limited

Fifth Respondent

Procedural Posture

Civil Recovery Application / Interlocutory Application for Declaration on Use of Information Obtained Under Interim Receiving Order

Legal Issues

  1. 1 Whether information obtained under a previous interim receiving order relating to different alleged wrongdoing can be used in a subsequent application for an interim receiving order

Ratio Decidendi

The applicant and interim receiver are entitled to use information obtained under a previous interim receiving order, even if it relates to different alleged wrongdoing, in support of a subsequent application for an interim receiving order, as there is no statutory or common law prohibition and such use is consistent with the statutory purpose of the Proceeds of Crime Act 2002.

Court Disposition

Declaration granted in favour of the claimant as against the defendant.

Orders

  • Declaration that the applicant and interim receiver were entitled to use in the application for the second order information obtained pursuant to the first order but relating to different alleged wrongdoing by the defendant.