Assets Recovery Agency v Customs and Excise & Ors

Assets Recovery Agency v Customs and Excise & Ors

Charrington's account of the money being lawfully obtained is wholly incredible and inconsistent with all prior evidence, admissions, and conduct. There is no real prospect of his defence succeeding. Summary judgment is granted against Charrington. Warren's position is adjourned to allow further disclosure and investigation.

Parties
Claimant: Director of the Assets Recovery Agency; Defendant: Commissioners of Customs and Excise; Defendant: Brian Colin Charrington; Defendant: Mario Halley; Defendant: Curtis Francis Warren
Jurisdiction
England and Wales
Judgment Date
12 July 2004
Procedural Posture
Civil Asset Recovery / Summary Judgment Application
Outcome
Summary judgment granted against Charrington; adjournment for Warren; costs order against Charrington not to be enforced without further order.
Legal Topics
Summary Judgment, Money Laundering, Drug Trafficking, Asset Forfeiture
Criminal Law Civil Procedure Proceeds of Crime Summary Judgment Money Laundering Drug Trafficking Asset Forfeiture

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Parties

Director of the Assets Recovery Agency

Claimant

Commissioners of Customs and Excise

Defendant

Brian Colin Charrington

Defendant

Mario Halley

Defendant

Curtis Francis Warren

Defendant

Procedural Posture

Civil Asset Recovery / Summary Judgment Application

Legal Issues

  1. 1 Whether the seized money was the proceeds of crime or lawfully obtained by Charrington
  2. 2 Whether there is a real prospect of Charrington or Warren successfully defending the claim
  3. 3 Whether summary judgment should be granted against Charrington and/or Warren

Ratio Decidendi

Charrington's account of the money being lawfully obtained is wholly incredible and inconsistent with all prior evidence, admissions, and conduct. There is no real prospect of his defence succeeding. Summary judgment is granted against Charrington. Warren's position is adjourned to allow further disclosure and investigation.

Court Disposition

Summary judgment granted against Charrington; adjournment for Warren; costs order against Charrington not to be enforced without further order.

Orders

  • Summary judgment for the claimant against Charrington for the sums claimed.
  • Further consideration of Warren's case adjourned to next term to allow disclosure and investigation.