The Crown Prosecution Service (CPS) v Jarvis & Anor

The Crown Prosecution Service (CPS) v Jarvis & Anor

The court held that English law of trusts does not apply to the Estepona property, which is governed by Spanish law. Under Spanish law, the notarised deed and registration in Mr Jarvis's name are determinative of ownership. Mr Vatandas failed to establish any beneficial interest, and the property is subject to the receivership and confiscation order.

Parties
Claimant: Crown Prosecution Service; Defendant: Edward Robert Jarvis; Intervener: Zulfu Vatandas
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Asset Forfeiture / Proceeds of Crime / Judgment After Trial of Intervener's Claim to Beneficial Ownership
Outcome
Claim by Zulfu Vatandas to beneficial ownership dismissed; order granted as sought by Crown Prosecution Service.
Legal Topics
Beneficial Ownership, Foreign Property, Application of English Trusts Law to Foreign Immovables, Confiscation Orders, Receivership, Spanish Civil Law
Criminal Law Property Law Confiscation Proceedings Private International Law Beneficial Ownership Foreign Property Application of English Trusts Law to Foreign Immovables Confiscation Orders +2 more

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Parties

Crown Prosecution Service

Claimant

Edward Robert Jarvis

Defendant

Zulfu Vatandas

Intervener

Procedural Posture

Asset Forfeiture / Proceeds of Crime / Judgment After Trial of Intervener's Claim to Beneficial Ownership

Legal Issues

  1. 1 Whether Zulfu Vatandas has a beneficial ownership interest 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 and confiscation order

Ratio Decidendi

The court held that English law of trusts does not apply to the Estepona property, which is governed by Spanish law. Under Spanish law, the notarised deed and registration in Mr Jarvis's name are determinative of ownership. Mr Vatandas failed to establish any beneficial interest, and the property is subject to the receivership and confiscation order.

Court Disposition

Claim by Zulfu Vatandas to beneficial ownership dismissed; order granted as sought by Crown Prosecution Service.

Orders

  • Estepona property and its proceeds of sale to be included in assets subject to receivership and available for satisfaction of the confiscation order.
  • Further recitals to reflect the substance of the judgment.