The National Crime Agency v Nuttall & Ors

The National Crime Agency v Nuttall & Ors

The NCA did not discharge the burden of showing Towerdene had no real prospect of defending the claim; significant factual disputes remain regarding the alleged mortgage fraud and the source of redemption monies, which require resolution at trial.

Parties
Claimant: The National Crime Agency; First Defendant: Amanda Nuttall; Second Defendant: Stuart Evans and Digby Armstrong as Trustees of the Bereweeke Trust; Third Defendant: Towerdene Estates Ltd; Fourth Defendant: The White Horse Romsey Ltd; Fifth Defendant: Eric Grove; Sixth Defendant: The Laundry House (Romsey) Ltd; Seventh Defendant: The Abbey Inn Romsey Ltd; Eighth Defendant: Rangeley Ltd; Ninth Defendant: Timothy Becker; Tenth Defendant: 03261558 Ltd
Jurisdiction
England and Wales
Judgment Date
04 January 2019
Procedural Posture
Civil Recovery (part 8 Claim) / Summary Judgment Application (decision on Whether to Grant Summary Judgment or Proceed to Trial)
Outcome
Summary judgment refused; matter to proceed to trial.
Legal Topics
Summary Judgment, Mortgage Fraud, Money Laundering, Civil Recovery, Burden of Proof in Fraud, Tracing of Funds
Civil Procedure Proceeds of Crime Fraud Summary Judgment Mortgage Fraud Money Laundering Civil Recovery Burden of Proof in Fraud +1 more

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Parties

The National Crime Agency

Claimant

Amanda Nuttall

First Defendant

Stuart Evans and Digby Armstrong as Trustees of the Bereweeke Trust

Second Defendant

Towerdene Estates Ltd

Third Defendant

The White Horse Romsey Ltd

Fourth Defendant

Eric Grove

Fifth Defendant

The Laundry House (Romsey) Ltd

Sixth Defendant

The Abbey Inn Romsey Ltd

Seventh Defendant

Rangeley Ltd

Eighth Defendant

Timothy Becker

Ninth Defendant

03261558 Ltd

Tenth Defendant

Procedural Posture

Civil Recovery (part 8 Claim) / Summary Judgment Application (decision on Whether to Grant Summary Judgment or Proceed to Trial)

Legal Issues

  1. 1 Whether the claimant (NCA) is entitled to summary judgment against Towerdene Estates Ltd for recovery of property under POCA 2002 s.266
  2. 2 Whether Towerdene has a real prospect of successfully defending the claim regarding mortgage fraud and the source of redemption monies
  3. 3 Whether there are compelling reasons for the matter to proceed to trial

Ratio Decidendi

The NCA did not discharge the burden of showing Towerdene had no real prospect of defending the claim; significant factual disputes remain regarding the alleged mortgage fraud and the source of redemption monies, which require resolution at trial.

Court Disposition

Summary judgment refused; matter to proceed to trial.

Orders

  • Application for summary judgment dismissed.
  • Parties to agree directions for trial of the claims against Towerdene.