The Director of Public Prosecutions v Debora Krasniqi & Anor

The Director of Public Prosecutions v Debora Krasniqi & Anor

The application for summary judgment and/or strike out fails because the issues are too closely connected to trial, there is a real prospect of success for the DPP, and the whole picture including possible irresistible inferences and evidential gaps requires full investigation at trial.

Parties
Claimant/respondent: Director of Public Prosecutions; First Defendant/applicant: Debora Krasniqi; Second Defendant: Zina Krasniqi
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Civil Recovery / Summary Judgment/strike Out Application
Outcome
Application for summary judgment and/or strike out dismissed; case to proceed to full trial.
Legal Topics
Tracing, Irresistible Inference, Burden of Proof, Mortgage Fraud, Summary Judgment, Recoverable Property
Proceeds of Crime Civil Recovery Fraud Money Laundering Tracing Irresistible Inference Burden of Proof Mortgage Fraud +2 more

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Parties

Director of Public Prosecutions

Claimant/respondent

Debora Krasniqi

First Defendant/applicant

Zina Krasniqi

Second Defendant

Procedural Posture

Civil Recovery / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the DPP can trace funds received by the First Defendant to unlawful conduct
  2. 2 Whether irresistible inferences can be drawn against a third party not party to the unlawful acts
  3. 3 Whether summary judgment/strike out is appropriate given the evidential gaps and overlap with trial issues

Ratio Decidendi

The application for summary judgment and/or strike out fails because the issues are too closely connected to trial, there is a real prospect of success for the DPP, and the whole picture including possible irresistible inferences and evidential gaps requires full investigation at trial.

Court Disposition

Application for summary judgment and/or strike out dismissed; case to proceed to full trial.

Orders

  • Application for summary judgment and/or strike out in respect of parts of the claim is refused.
  • All issues to be investigated fully at trial.