The Crown Prosecution Service (CPS) v Jarvis & Anor [2018] EWHC 4024 (Admin) (03 May 2018)

The Crown Prosecution Service (CPS) v Jarvis & Anor [2018] EWHC 4024 (Admin) (03 May 2018)

Spanish law governs the ownership of the Estepona property. Under Spanish law, Jarvis is the sole legal and beneficial owner as per the notarised deed and registration. English law of trusts does not apply. Vatandas has no beneficial interest. The property is subject to the Receivership Order for satisfaction of the Confiscation Order.

Citation
[2018] EWHC 4024 (Admin)
Parties
Claimant: Crown Prosecution Service; Defendant: Edward Robert Jarvis; Intervener: Zulfu Vatandas
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Asset Recovery / Confiscation Proceedings / Trial of Intervener's Claim to Beneficial Ownership
Outcome
Claim by Zulfu Vatandas to beneficial ownership dismissed; order made in terms sought by the Crown Prosecution Service.
Legal Topics
Confiscation of Assets, Beneficial Ownership, Applicable Law to Foreign Property, Trusts, Drug Trafficking Proceeds
Criminal Law Property Law International Private Law Confiscation of Assets Beneficial Ownership Applicable Law to Foreign Property Trusts Drug Trafficking Proceeds

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Parties

Crown Prosecution Service

Claimant

Edward Robert Jarvis

Defendant

Zulfu Vatandas

Intervener

Procedural Posture

Asset Recovery / Confiscation Proceedings / Trial of Intervener's Claim to Beneficial Ownership

Legal Issues

  1. 1 Whether Zulfu Vatandas has a beneficial ownership in the Estepona property under English or Spanish law
  2. 2 Whether English law of trusts applies to Spanish immovable property
  3. 3 Whether the property is subject to the Receivership Order for satisfaction of the Confiscation Order

Ratio Decidendi

Spanish law governs the ownership of the Estepona property. Under Spanish law, Jarvis is the sole legal and beneficial owner as per the notarised deed and registration. English law of trusts does not apply. Vatandas has no beneficial interest. The property is subject to the Receivership Order for satisfaction of the Confiscation Order.

Court Disposition

Claim by Zulfu Vatandas to beneficial ownership dismissed; order made in terms sought by the Crown Prosecution Service.

Orders

  • Estepona property and its proceeds of sale are assets subject to the Receivership Order and may be realised for satisfaction of the Confiscation Order.
  • Further recitals to reflect the substance of the judgment.