Director of Assets Recovery Agency & Ors, R (on the application of) v Green & Ors

Director of Assets Recovery Agency & Ors, R (on the application of) v Green & Ors

In civil proceedings for recovery under Part 5 of the Proceeds of Crime Act 2002, the Director need not allege the commission of any specific criminal offence but must set out the matters that are alleged to constitute the particular kind or kinds of unlawful conduct by or in return for which the property was obtained. A claim for civil recovery cannot be sustained solely upon the basis that a respondent has no identifiable lawful income to warrant their lifestyle.

Parties
Claimant: Director of Assets Recovery Agency and Others; Defendants: Jeffrey David Green and Others
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Judicial Review / Civil Recovery / Determination of Preliminary Issue in Civil Recovery Proceedings
Outcome
Preliminary issue determined against the Director; permission to appeal granted on grounds of compelling public interest, not on prospects of success.
Legal Topics
Proceeds of Crime Act 2002, Civil Recovery of Proceeds of Crime, Standard of Proof in Civil Recovery, Pleading Requirements for Unlawful Conduct, Interpretation of Statutory Provisions
Civil Procedure Criminal Law Asset Recovery Proceeds of Crime Act 2002 Civil Recovery of Proceeds of Crime Standard of Proof in Civil Recovery Pleading Requirements for Unlawful Conduct Interpretation of Statutory Provisions

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Parties

Director of Assets Recovery Agency and Others

Claimant

Jeffrey David Green and Others

Defendants

Procedural Posture

Judicial Review / Civil Recovery / Determination of Preliminary Issue in Civil Recovery Proceedings

Legal Issues

  1. 1 Whether a claim for civil recovery can be determined on the basis of conduct in relation to property without identification of any particular unlawful conduct
  2. 2 Whether the claimant can sustain a case for civil recovery where a respondent has no identifiable lawful income to warrant their lifestyle

Ratio Decidendi

In civil proceedings for recovery under Part 5 of the Proceeds of Crime Act 2002, the Director need not allege the commission of any specific criminal offence but must set out the matters that are alleged to constitute the particular kind or kinds of unlawful conduct by or in return for which the property was obtained. A claim for civil recovery cannot be sustained solely upon the basis that a respondent has no identifiable lawful income to warrant their lifestyle.

Court Disposition

Preliminary issue determined against the Director; permission to appeal granted on grounds of compelling public interest, not on prospects of success.

Orders

  • Director must set out the particular kind or kinds of unlawful conduct in civil recovery claims.
  • Claim for civil recovery cannot be sustained solely on the basis of lack of identifiable lawful income.