Gale & Ors v Serious Organised Crime Agency
The appeal is dismissed because the claim was not statute-barred, the civil standard of proof applies, the judge's findings were justified on the evidence, and SOCA is entitled to recover the costs of the interim receiver as litigation costs.
- Parties
- Appellants: Gale & Ors; Respondents: Serious Organised Crime Agency
- Jurisdiction
- England and Wales
- Judgment Date
- 07 July 2010
- Procedural Posture
- Civil Recovery Proceedings / Appeal (court of Appeal)
- Outcome
- Appeal dismissed; cross-appeal allowed
- Legal Topics
- Limitation of Actions, Standard of Proof, Costs in Civil Recovery, Article 6 ECHR, Receivership
Case Brief
Summary, issues, holding and outcome
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Parties
Gale & Ors
Appellants
Serious Organised Crime Agency
Respondents
Procedural Posture
Civil Recovery Proceedings / Appeal (court of Appeal)
Legal Issues
- 1 Whether the claim is statute-barred under limitation provisions
- 2 Whether the civil or criminal standard of proof applies in civil recovery proceedings under Article 6 ECHR
- 3 Whether the judge's findings were reasonably open on the evidence, given prior acquittals
Ratio Decidendi
The appeal is dismissed because the claim was not statute-barred, the civil standard of proof applies, the judge's findings were justified on the evidence, and SOCA is entitled to recover the costs of the interim receiver as litigation costs.
Court Disposition
Appeal dismissed; cross-appeal allowed
Orders
- Recovery order against Gale & Ors stands
- SOCA entitled to recover as costs the expenses and remuneration of the interim receiver, subject to assessment if not agreed
Full Case Text
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