Director of Public Prosecutions v Krasniqi & Anor (Re Claim for Civil Recovery Under Part 5 Proceeds of Crime Act 2002) [2025] EWHC 130 (KB) (24 January 2025)

Director of Public Prosecutions v Krasniqi & Anor (Re Claim for Civil Recovery Under Part 5 Proceeds of Crime Act 2002) [2025] EWHC 130 (KB) (24 January 2025)

The application for reverse summary judgment and/or strike out is refused. The issues of tracing, inferences, and the connection between the alleged unlawful conduct and the properties are too closely connected with other factual matters (including mortgage fraud and the First Defendant's knowledge) to be determined summarily. The case requires a full trial for proper investigation of the evidence and the drawing of any necessary inferences. There is a real prospect that the DPP's case may succeed at trial, and the legal and factual issues are not sufficiently discrete to justify summary disposal.

Citation
[2025] EWHC 130 (KB)
Parties
Claimant/respondent: THE DIRECTOR OF PUBLIC PROSECUTIONS; First Defendant/applicant: DEBORA KRASNIQI; Second Defendant: ZINA KRASNIQI
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Civil Recovery Under Proceeds of Crime Act 2002 / Application for Reverse Summary Judgment And/or Strike Out by First Defendant
Outcome
Application for reverse summary judgment and/or strike out refused.
Legal Topics
Tracing of Proceeds, Money Laundering, Mortgage Fraud, Summary Judgment, Burden of Proof, Inferences in Civil Recovery, Recoverable Property
Civil Recovery Proceeds of Crime Property Law Criminal Law Tracing of Proceeds Money Laundering Mortgage Fraud Summary Judgment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

THE DIRECTOR OF PUBLIC PROSECUTIONS

Claimant/respondent

DEBORA KRASNIQI

First Defendant/applicant

ZINA KRASNIQI

Second Defendant

Procedural Posture

Civil Recovery Under Proceeds of Crime Act 2002 / Application for Reverse Summary Judgment And/or Strike Out by First Defendant

Legal Issues

  1. 1 Whether the DPP's claim for civil recovery in respect of certain funds and properties can be summarily dismissed or struck out for lack of a real prospect of success in tracing the proceeds of crime to the assets held by the First Defendant.
  2. 2 Whether the DPP must prove a forward tracing exercise from unlawful conduct to the property, or whether inferences and a global approach suffice under POCA.
  3. 3 Whether the First Defendant, as a third party not alleged to have committed the unlawful acts, can be subject to inferences about the tainted nature of funds received.

Ratio Decidendi

The application for reverse summary judgment and/or strike out is refused. The issues of tracing, inferences, and the connection between the alleged unlawful conduct and the properties are too closely connected with other factual matters (including mortgage fraud and the First Defendant's knowledge) to be determined summarily. The case requires a full trial for proper investigation of the evidence and the drawing of any necessary inferences. There is a real prospect that the DPP's case may succeed at trial, and the legal and factual issues are not sufficiently discrete to justify summary disposal.

Court Disposition

Application for reverse summary judgment and/or strike out refused.

Orders

  • The First Defendant's application for summary judgment and/or strike out is dismissed.
  • The claim will proceed to a full trial on all issues.