Crown Prosecution Service v Benye [2007] EWHC 772 (Admin) (04 April 2007)

Crown Prosecution Service v Benye [2007] EWHC 772 (Admin) (04 April 2007)

The court found that although Mr Benye provided funds for the deposit, the intention was to make a gift to Mrs Benye to enable her to purchase the leasehold for herself and their children. There was no evidence of a sham or that Mrs Benye was a nominee. The relationship between Mr and Mrs Benye had ended, and the...

Source-derived case information.

Citation
[2007] EWHC 772 (Admin)
Parties
Claimant: Crown Prosecution Service; Defendant: Anthony Chukwadi Benye; Interested Party: Stella Benye
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Application for Declaration and Receivership Order Under Section 77(8) Criminal Justice Act 1988 / Judgment After Contested Hearing
Outcome
Application dismissed
Legal Topics
Confiscation Proceedings, Beneficial Ownership, Proceeds of Crime, Right to Buy Scheme, Resulting and Constructive Trusts
Criminal Law Property Law Trusts Law Confiscation Proceedings Beneficial Ownership Proceeds of Crime Right to Buy Scheme Resulting and Constructive Trusts

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Parties

Crown Prosecution Service

Claimant

Anthony Chukwadi Benye

Defendant

Stella Benye

Interested Party

Procedural Posture

Application for Declaration and Receivership Order Under Section 77(8) Criminal Justice Act 1988 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the leasehold interest at 43 Valentine Court is beneficially owned by Mr Benye or Mrs Benye
  2. 2 Whether funds used for the purchase were proceeds of crime and if Mrs Benye was a nominee for Mr Benye
  3. 3 Whether Mr Benye has any beneficial interest in the property

Ratio Decidendi

The court found that although Mr Benye provided funds for the deposit, the intention was to make a gift to Mrs Benye to enable her to purchase the leasehold for herself and their children. There was no evidence of a sham or that Mrs Benye was a nominee. The relationship between Mr and Mrs Benye had ended, and the mortgage and right to buy were in Mrs Benye's sole name. On the balance of probabilities, Mr Benye did not acquire any beneficial interest in the property.

Court Disposition

Application dismissed