Johnson , Re

Johnson , Re

The court determined that, given the lack of progress via Letters of Request and the Enforcement Receiver's willingness to act on a conditional fee basis, the better risk is to permit the Enforcement Receiver to pursue out-of-jurisdiction assets. The court found this approach more likely to achieve asset recovery, especially given the Receiver's presence in Dubai and commercial risk exposure.

Parties
Defendant: Craig Matthew Johnson; Claimant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Confiscation/enforcement Proceedings / Application to Vary Enforcement Receivership Order; Directions Hearing
Outcome
Application granted in part; Enforcement Receiver permitted to pursue out-of-jurisdiction assets.
Legal Topics
Confiscation Orders, Enforcement Receivership, Jurisdiction of Receivers, Letters of Request, Third Party Interests
Criminal Law Proceeds of Crime Asset Recovery Confiscation Orders Enforcement Receivership Jurisdiction of Receivers Letters of Request Third Party Interests

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Parties

Craig Matthew Johnson

Defendant

Crown Prosecution Service

Claimant

Procedural Posture

Confiscation/enforcement Proceedings / Application to Vary Enforcement Receivership Order; Directions Hearing

Legal Issues

  1. 1 Whether the Enforcement Receiver should be permitted to pursue out-of-jurisdiction assets in the UAE and Tanzania
  2. 2 Whether Letters of Request or the Enforcement Receiver is the more effective method for asset recovery
  3. 3 The impact of third party claims and the Defendant's cooperation on enforcement

Ratio Decidendi

The court determined that, given the lack of progress via Letters of Request and the Enforcement Receiver's willingness to act on a conditional fee basis, the better risk is to permit the Enforcement Receiver to pursue out-of-jurisdiction assets. The court found this approach more likely to achieve asset recovery, especially given the Receiver's presence in Dubai and commercial risk exposure.

Court Disposition

Application granted in part; Enforcement Receiver permitted to pursue out-of-jurisdiction assets.

Orders

  • Enforcement Receiver permitted to pursue assets in the UAE, Tanzania, and Republic of Ireland.
  • Draft directions to be considered after counsel confer.