Ahmet v Tatum & Anor [2024] EWCA Civ 255 (15 March 2024)

POCA does not provide an exclusive code barring civil proceedings for determination of property rights relevant to confiscation; civil claims are not generally abusive and should typically be stayed rather than struck out, unless specific circumstances justify otherwise.

Citation: [2024] EWCA Civ 255
Parties: Claimant/appellant: Senel Ahmet; Defendant/respondent: David Paul Tatum; Defendant/respondent: The Crown Prosecution Service
Jurisdiction: England and Wales
Judgment Date: 15 March 2024
Procedural Posture: Appeal / Court of Appeal Judgment on Appeal From High Court Striking Out Claim
Outcome: Appeal allowed; application to strike out claim dismissed.
Legal Topics: Proceeds of Crime Act 2002, Abuse of Process, Jurisdiction, Beneficial Interest, Restraint Orders, Confiscation Orders

Property Law Criminal Law Civil Procedure Proceeds of Crime Act 2002 Abuse of Process Jurisdiction Beneficial Interest Restraint Orders +1 more

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Parties

Senel Ahmet

Claimant/appellant

David Paul Tatum

Defendant/respondent

The Crown Prosecution Service

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court Striking Out Claim

Legal Issues

1 Whether Parliament has provided an exclusive code for resolving disputed property rights relevant to POCA in the Crown Court
2 Whether civil proceedings to determine beneficial interests in restrained property are an abuse of process

Ratio Decidendi

Court Disposition

Appeal allowed; application to strike out claim dismissed.

Orders

Application to strike out claim dismissed
Ownership of Brindles Farmhouse may be stayed or managed by the High Court as appropriate