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)

The court held that significant factual disputes remained regarding both the alleged mortgage fraud and the source of the redemption monies. The NCA had not demonstrated that Towerdene had no real prospect of defending the claim. The complexity of the issues and the seriousness of the allegations required that the matter proceed to trial for proper resolution.

Citation
[2019] EWHC 10 (QB)
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 Under Proceeds of Crime Act 2002 (poca) / Application for Summary Judgment by Claimant Against Third Defendant (towerdene Estates Ltd)
Outcome
Summary judgment application 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

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

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 Under Proceeds of Crime Act 2002 (poca) / Application for Summary Judgment by Claimant Against Third Defendant (towerdene Estates Ltd)

Legal Issues

  1. 1 Whether the claimant (NCA) is entitled to summary judgment against Towerdene Estates Ltd for a recovery order under POCA 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 court held that significant factual disputes remained regarding both the alleged mortgage fraud and the source of the redemption monies. The NCA had not demonstrated that Towerdene had no real prospect of defending the claim. The complexity of the issues and the seriousness of the allegations required that the matter proceed to trial for proper resolution.

Court Disposition

Summary judgment application refused; matter to proceed to trial.

Orders

  • Application for summary judgment by the NCA against Towerdene Estates Ltd is dismissed.
  • Parties to agree directions for trial of the claims against Towerdene.