Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors [2017] EWHC 747 (Admin) (11 April 2017)

Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors [2017] EWHC 747 (Admin) (11 April 2017)

The production orders, seizure, and detention of cheques were unlawful because the statutory requirements under POCA were not met: the cheques were created at the police's request solely to be seized, which was an abuse of process and contrary to the legislative scheme. There was also procedural impropriety due to lack of notice and failure of disclosure.

Citation
[2017] EWHC 747 (Admin)
Parties
Claimant: Merida Oil Traders Ltd; 1st Defendant: Central Criminal Court; 2nd Defendant: Commissioner of Police for the City of London; 3rd Defendant: Hammersmith Magistrates Court; 1st Claimant: Bunnvale Limited; 2nd Claimant: Ticom Management LLC; 2nd Defendant: Hammersmith Magistrates Court; 3rd Defendant: City of London Magistrates Court; Interested Party: Commissioner of Police for the City of London
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Judicial Review / Final Judgment in Administrative Court
Outcome
Application for judicial review allowed; orders quashed
Legal Topics
Proceeds of Crime Act 2002, Money Laundering, Production Orders, Cash Seizure, Judicial Review, Procedural Fairness, Disclosure Obligations
Criminal Law Civil Procedure Administrative Law Proceeds of Crime Act 2002 Money Laundering Production Orders Cash Seizure Judicial Review +2 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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Merida Oil Traders Ltd

Claimant

Central Criminal Court

1st Defendant

Commissioner of Police for the City of London

2nd Defendant

Hammersmith Magistrates Court

3rd Defendant

Bunnvale Limited

1st Claimant

Ticom Management LLC

2nd Claimant

Hammersmith Magistrates Court

2nd Defendant

City of London Magistrates Court

3rd Defendant

Commissioner of Police for the City of London

Interested Party

Procedural Posture

Judicial Review / Final Judgment in Administrative Court

Legal Issues

  1. 1 Whether the statutory requirements for making production orders under POCA were met
  2. 2 Whether the cheques were lawfully seized under POCA
  3. 3 Whether the production orders were sought for a lawful purpose

Ratio Decidendi

The production orders, seizure, and detention of cheques were unlawful because the statutory requirements under POCA were not met: the cheques were created at the police's request solely to be seized, which was an abuse of process and contrary to the legislative scheme. There was also procedural impropriety due to lack of notice and failure of disclosure.

Court Disposition

Application for judicial review allowed; orders quashed

Orders

  • Production orders, seizure, and detention orders quashed
  • Permission granted to amend claim forms to challenge lawfulness of seizure