The National Crime Agency v Robb

The National Crime Agency v Robb

Each lead claimant has a proprietary interest in the Fund, traceable through specified accounts, arising on rescission for fraud; their share is to be calculated pro rata based on their payments relative to total investor payments traceable into the Fund, with the assumption that non-claimant investors' money was dissipated first. Section 281 POCA is satisfied as to deprivation by unlawful conduct, and claimants are entitled to interest accrued on their share of the Fund.

Parties
Claimant: The National Crime Agency; Defendant: Gary John Robb; Additional Claimant: Patricia Anne Clarke; Additional Claimant: Susan and John Latchford; Additional Claimant: Sandra and Grzegorz Kocinski; Additional Claimant: Bruce and Patricia Neil-Gourlay; Additional Claimant: Peter Brooks; Additional Claimant: Bethan Bryn Jones; Additional Claimant: Stuart Scott; Additional Claimant: Phyllis and James Boyd
Jurisdiction
England and Wales
Judgment Date
23 December 2014
Procedural Posture
Civil Recovery Proceedings / Judgment on Section 281 Applications by Lead Claimants
Outcome
Declarations granted that each lead claimant has a proprietary interest in part of the Fund; quantification of shares to be determined in accordance with the judgment's principles; costs and further applications adjourned.
Legal Topics
Civil Recovery of Proceeds of Crime, Constructive Trust, Tracing of Funds, Rescission for Fraud, Victims' Proprietary Claims, Section 281 POCA Applications
Civil Procedure Proceeds of Crime Equity and Trusts Civil Recovery of Proceeds of Crime Constructive Trust Tracing of Funds Rescission for Fraud Victims' Proprietary Claims +1 more

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Parties

The National Crime Agency

Claimant

Gary John Robb

Defendant

Patricia Anne Clarke

Additional Claimant

Susan and John Latchford

Additional Claimant

Sandra and Grzegorz Kocinski

Additional Claimant

Bruce and Patricia Neil-Gourlay

Additional Claimant

Peter Brooks

Additional Claimant

Bethan Bryn Jones

Additional Claimant

Stuart Scott

Additional Claimant

Phyllis and James Boyd

Additional Claimant

Procedural Posture

Civil Recovery Proceedings / Judgment on Section 281 Applications by Lead Claimants

Legal Issues

  1. 1 Whether lead claimants have a proprietary claim to part of the Fund under section 281 of POCA
  2. 2 Whether tracing principles allow identification of claimants' interests in the Fund
  3. 3 Whether rescission for supervening fraud gives rise to a constructive trust

Ratio Decidendi

Each lead claimant has a proprietary interest in the Fund, traceable through specified accounts, arising on rescission for fraud; their share is to be calculated pro rata based on their payments relative to total investor payments traceable into the Fund, with the assumption that non-claimant investors' money was dissipated first. Section 281 POCA is satisfied as to deprivation by unlawful conduct, and claimants are entitled to interest accrued on their share of the Fund.

Court Disposition

Declarations granted that each lead claimant has a proprietary interest in part of the Fund; quantification of shares to be determined in accordance with the judgment's principles; costs and further applications adjourned.

Orders

  • Declarations under section 281 POCA in favour of lead claimants for proprietary interests in the Fund
  • Directions for quantification of each claimant's share based on tracing and pro rata calculation