Johnson , Re [2011] EWHC 593 (Admin) (17 March 2011)

Johnson , Re [2011] EWHC 593 (Admin) (17 March 2011)

The Court held that the better risk is to permit the Enforcement Receiver to pursue out-of-jurisdiction assets, given the lack of progress with Letters of Request, the Receiver's willingness to act on a conditional fee basis, and his business presence in Dubai. The Court found this approach more likely to achieve asset recovery than reliance on Letters of Request alone.

Citation
[2011] EWHC 593 (Admin)
Parties
Defendant: Craig Matthew Johnson; Claimant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Criminal Confiscation Enforcement / Application to Vary Enforcement Receivership Order and Directions Hearing
Outcome
Application granted in part; Enforcement Receiver permitted to pursue out-of-jurisdiction assets.
Legal Topics
Enforcement Receivership Order, Out of Jurisdiction Assets, Letters of Request, Conditional Fee Arrangements, Third Party Claims, Confiscation Order Enforcement
Criminal Law Proceeds of Crime Asset Recovery Enforcement Receivership Order Out of Jurisdiction Assets Letters of Request Conditional Fee Arrangements Third Party Claims +1 more

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Parties

Craig Matthew Johnson

Defendant

Crown Prosecution Service

Claimant

Procedural Posture

Criminal Confiscation Enforcement / Application to Vary Enforcement Receivership Order and Directions Hearing

Legal Issues

  1. 1 Whether the Enforcement Receiver should be permitted to pursue out-of-jurisdiction assets
  2. 2 Whether Letters of Request or the Enforcement Receiver is the most effective method for asset recovery
  3. 3 Whether costs incurred by the Enforcement Receiver are justified

Ratio Decidendi

The Court held that the better risk is to permit the Enforcement Receiver to pursue out-of-jurisdiction assets, given the lack of progress with Letters of Request, the Receiver's willingness to act on a conditional fee basis, and his business presence in Dubai. The Court found this approach more likely to achieve asset recovery than reliance on Letters of Request alone.

Court Disposition

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

Orders

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