National Crime Agency v Odewale & Anor [2018] EWHC 3903 (QB) (19 December 2018)

National Crime Agency v Odewale & Anor [2018] EWHC 3903 (QB) (19 December 2018)

Ms. Yadav's application for a variation of the Property Freezing Order to allow for living expenses exclusion is dismissed because there are strong grounds for suspicion, based on evidence of Mr. Odewale's statements, conduct, and lack of transparency, that substantial undisclosed assets are available to her to meet her living expenses. The applicant failed to discharge the burden of showing it is just to permit use of frozen assets in these circumstances.

Citation
[2018] EWHC 3903
Parties
Claimant: National Crime Agency; First Defendant: Ayodele Odewale; Second Defendant: Sara Yadav
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Civil Recovery Proceedings (property Freezing Order Variation Application) / Application to Vary Property Freezing Order for Living Expenses Exclusion
Outcome
Application dismissed
Legal Topics
Property Freezing Order, Living Expenses Exclusion, Asset Forfeiture, Civil Recovery, Burden of Proof, Article 8 ECHR
Proceeds of Crime Civil Procedure Property Freezing Order Living Expenses Exclusion Asset Forfeiture Civil Recovery Burden of Proof Article 8 ECHR

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Parties

National Crime Agency

Claimant

Ayodele Odewale

First Defendant

Sara Yadav

Second Defendant

Procedural Posture

Civil Recovery Proceedings (property Freezing Order Variation Application) / Application to Vary Property Freezing Order for Living Expenses Exclusion

Legal Issues

  1. 1 Whether Ms. Yadav should be granted a variation of the Property Freezing Order to allow for living expenses exclusion
  2. 2 Whether Ms. Yadav has access to other assets or assets of others to meet her living expenses
  3. 3 Whether there are strong grounds for suspicion of undisclosed assets available to Ms. Yadav

Ratio Decidendi

Ms. Yadav's application for a variation of the Property Freezing Order to allow for living expenses exclusion is dismissed because there are strong grounds for suspicion, based on evidence of Mr. Odewale's statements, conduct, and lack of transparency, that substantial undisclosed assets are available to her to meet her living expenses. The applicant failed to discharge the burden of showing it is just to permit use of frozen assets in these circumstances.

Court Disposition

Application dismissed

Orders

  • Ms. Yadav's application to vary the Property Freezing Order for living expenses exclusion is refused.