Webber v Webber

Webber v Webber

The High Court has no jurisdiction under POCA to order that ancillary relief and confiscation proceedings be heard together; such matters are exclusively for the Crown Court. The pre-POCA practice of joint hearings before a High Court judge is no longer permissible. The wife's application for such an order must be refused.

Parties
Applicant: Angela Patricia Webber; Respondent: Roy William Webber; Intervenor: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Ancillary Relief and Confiscation Proceedings / Ruling on Application to Have Ancillary Relief and Confiscation Heard Together
Outcome
Application refused
Legal Topics
Ancillary Relief, Confiscation of Proceeds of Crime, Jurisdiction Under POCA, Property Adjustment Orders, Restraint Orders
Family Law Criminal Law Ancillary Relief Confiscation of Proceeds of Crime Jurisdiction Under POCA Property Adjustment Orders Restraint Orders

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Parties

Angela Patricia Webber

Applicant

Roy William Webber

Respondent

Crown Prosecution Service

Intervenor

Procedural Posture

Ancillary Relief and Confiscation Proceedings / Ruling on Application to Have Ancillary Relief and Confiscation Heard Together

Legal Issues

  1. 1 Whether the High Court has jurisdiction to order that ancillary relief and confiscation proceedings be heard together under POCA
  2. 2 Whether the procedure under POCA allows for joint determination of matrimonial and confiscation claims
  3. 3 Whether the High Court can make a property adjustment order affecting assets subject to confiscation

Ratio Decidendi

The High Court has no jurisdiction under POCA to order that ancillary relief and confiscation proceedings be heard together; such matters are exclusively for the Crown Court. The pre-POCA practice of joint hearings before a High Court judge is no longer permissible. The wife's application for such an order must be refused.

Court Disposition

Application refused

Orders

  • The High Court declines jurisdiction to order joint hearing of ancillary relief and confiscation proceedings.
  • Ancillary relief application to be heard separately before confiscation proceedings in the Crown Court.