Moulden v R & Anor [2012] EW Misc 17 (CrownC) (20 July 2012)

Moulden v R & Anor [2012] EW Misc 17 (CrownC) (20 July 2012)

On the balance of probabilities, Andrew Moulden provided £250,000 for the purchase of Whinney Hill Croft and is entitled to rely on the Declaration of Trust; the Crown failed to prove the Declaration of Trust was a sham; therefore, Moulden is the beneficial owner and the restraint order should be varied to exclude...

Source-derived case information.

Citation
[2012] EW Misc 17 (CrownC)
Parties
Applicant: Andrew Moulden; Respondent: The Crown; Interested Party: Paul William Donald Blanchard
Jurisdiction
England and Wales
Judgment Date
20 July 2012
Procedural Posture
Application to Vary Restraint Order Under Proceeds of Crime Act 2002 / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Proceeds of Crime Act 2002, Restraint Orders, Beneficial Ownership, Sham Trusts, Confiscation Proceedings
Criminal Law Property Law Trusts Law Proceeds of Crime Act 2002 Restraint Orders Beneficial Ownership Sham Trusts Confiscation Proceedings

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Summary, issues, holding and outcome

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Parties

Andrew Moulden

Applicant

The Crown

Respondent

Paul William Donald Blanchard

Interested Party

Procedural Posture

Application to Vary Restraint Order Under Proceeds of Crime Act 2002 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Andrew Moulden is the beneficial owner of shares in Inglenook Investments Limited and Whinney Hill Croft Farm
  2. 2 Whether the Declaration of Trust is a sham
  3. 3 Whether Inglenook and Whinney Hill Croft should be excluded from the restraint order

Ratio Decidendi

On the balance of probabilities, Andrew Moulden provided £250,000 for the purchase of Whinney Hill Croft and is entitled to rely on the Declaration of Trust; the Crown failed to prove the Declaration of Trust was a sham; therefore, Moulden is the beneficial owner and the restraint order should be varied to exclude Inglenook and Whinney Hill Croft.

Court Disposition

Application granted

Orders

  • The restraint order is varied to exclude Inglenook Investments Limited and Whinney Hill Croft Farm from its scope.