The National Crime Agency v Nuttall & Ors [2019] EWHC 10 (QB) (04 January 2019)

The National Crime Agency v Nuttall & Ors [2019] EWHC 10 (QB) (04 January 2019)

Summary judgment is refused because significant factual disputes remain regarding the alleged mortgage fraud and use of proceeds of crime, which can only be properly resolved at trial. The NCA has not proved that Towerdene has no real prospect of successfully defending the claim.

Citation
[2019] EWHC 10
Parties
Claimant: The National Crime Agency; Defendant: Amanda Nuttall; Defendant: Stuart Evans and Digby Armstrong as Trustees of the Bereweeke Trust; Defendant: Towerdene Estates Ltd; Defendant: The White Horse Romsey Ltd; Defendant: Eric Grove; Defendant: The Laundry House (Romsey) Ltd; Defendant: The Abbey Inn Romsey Ltd; Defendant: Rangeley Ltd; Defendant: Timothy Becker; Defendant: 03261558 Ltd
Jurisdiction
England and Wales
Judgment Date
04 January 2019
Procedural Posture
Civil Recovery (part 8 Claim) / Summary Judgment Application
Outcome
Summary judgment application refused; claim to proceed to trial.
Legal Topics
Summary Judgment, Money Laundering, Mortgage Fraud, Company Law, Asset Recovery
Civil Procedure Fraud Proceeds of Crime Summary Judgment Money Laundering Mortgage Fraud Company Law Asset Recovery

Case Brief

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Parties

The National Crime Agency

Claimant

Amanda Nuttall

Defendant

Stuart Evans and Digby Armstrong as Trustees of the Bereweeke Trust

Defendant

Towerdene Estates Ltd

Defendant

The White Horse Romsey Ltd

Defendant

Eric Grove

Defendant

The Laundry House (Romsey) Ltd

Defendant

The Abbey Inn Romsey Ltd

Defendant

Rangeley Ltd

Defendant

Timothy Becker

Defendant

03261558 Ltd

Defendant

Procedural Posture

Civil Recovery (part 8 Claim) / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted against Towerdene Estates Ltd for recovery order under POCA s.266
  2. 2 Whether Towerdene has a real prospect of successfully defending allegations of mortgage fraud and use of proceeds of crime

Ratio Decidendi

Summary judgment is refused because significant factual disputes remain regarding the alleged mortgage fraud and use of proceeds of crime, which can only be properly resolved at trial. The NCA has not proved that Towerdene has no real prospect of successfully defending the claim.

Court Disposition

Summary judgment application refused; claim to proceed to trial.

Orders

  • 11 June 2018 summary judgment order set aside by consent
  • Directions to be agreed for trial of claims against Towerdene Estates Ltd