National Crime Agency v Azam & Ors (No. 2)

National Crime Agency v Azam & Ors (No. 2)

Kalsoom Sanam does not satisfy the requirements of s.266(4) POCA for Thurza Court, as she did not take steps in reliance on receiving the property, nor is there a link between detriment and such steps. Her prospective claim for financial relief under MFPA does not constitute a legitimate expectation or possession under A1P1, and does not prevent the making of a civil recovery order. The statutory scheme under Part 5 POCA mandates the making of a civil recovery order for recoverable property, even against innocent recipients.

Parties
Claimant: National Crime Agency; Respondent: Amir Azam; Respondent: Kalsoom Sanam (formerly Kalsoom Amir)
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Recovery Proceedings / Post Trial Judgment (part 2)
Outcome
Civil recovery order granted in respect of Thurza Court and Wheatash Road.
Legal Topics
Proceeds of Crime Act 2002, Matrimonial and Family Proceedings Act 1984, Statutory Defence Under S.266 POCA, Ancillary Relief, European Convention on Human Rights, Legitimate Expectation Under A1 P1
Civil Recovery Family Law Property Law Human Rights Proceeds of Crime Act 2002 Matrimonial and Family Proceedings Act 1984 Statutory Defence Under S.266 POCA Ancillary Relief +2 more

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Parties

National Crime Agency

Claimant

Amir Azam

Respondent

Kalsoom Sanam (formerly Kalsoom Amir)

Respondent

Procedural Posture

Civil Recovery Proceedings / Post Trial Judgment (part 2)

Legal Issues

  1. 1 Whether Kalsoom Sanam satisfies the statutory defence under s.266(3)(a) and (4) of POCA for Thurza Court
  2. 2 Whether a prospective claim for financial relief under Part III MFPA affects the making of a civil recovery order
  3. 3 Whether making a civil recovery order is incompatible with Convention rights under s.266(3)(b) POCA

Ratio Decidendi

Kalsoom Sanam does not satisfy the requirements of s.266(4) POCA for Thurza Court, as she did not take steps in reliance on receiving the property, nor is there a link between detriment and such steps. Her prospective claim for financial relief under MFPA does not constitute a legitimate expectation or possession under A1P1, and does not prevent the making of a civil recovery order. The statutory scheme under Part 5 POCA mandates the making of a civil recovery order for recoverable property, even against innocent recipients.

Court Disposition

Civil recovery order granted in respect of Thurza Court and Wheatash Road.

Orders

  • Civil recovery order made vesting Thurza Court and Wheatash Road in the Trustee for civil recovery.
  • Jonathan McAlister appointed as Trustee for civil recovery.