The National Crime Agency v Robb [2014] EWHC 4384 (Ch) (23 December 2014)

The National Crime Agency v Robb [2014] EWHC 4384 (Ch) (23 December 2014)

Each lead claimant has a proprietary claim to part of the Fund, calculated pro rata based on tracing their payments through specified accounts, with rescission for fraud vesting their interest retrospectively. The Fund is to be treated as derived from the sources in proportion to their contribution, and costs exclusion jurisdiction exists but cannot be exercised at this stage.

Citation
[2014] EWHC 4384 (Ch)
Parties
Claimant: The National Crime Agency; Defendant: Gary John Robb; Additional Claimant: Patricia Anne Clarke; Additional Claimant: Susan Latchford; Additional Claimant: John Latchford; Additional Claimant: Sandra Kocinski; Additional Claimant: Grzegorz Kocinski; Additional Claimant: Bruce Neil-Gourlay; Additional Claimant: Patricia Neil-Gourlay; Additional Claimant: Peter Brooks; Additional Claimant: Bethan Bryn Jones; Additional Claimant: Stuart Scott; Additional Claimant: Phyllis Boyd; Additional Claimant: James Boyd
Jurisdiction
England and Wales
Judgment Date
23 December 2014
Procedural Posture
Civil Recovery Proceedings / Judgment on Section 281 Applications
Outcome
Lead claimants have proprietary claims to part of the Fund; quantification to be determined in further proceedings; costs issue adjourned.
Legal Topics
Proceeds of Crime, Constructive Trust, Rescission, Tracing, Fraud, Property Freezing Order, Victims' Proprietary Claims
Civil Recovery Equity Criminal Law Proceeds of Crime Constructive Trust Rescission Tracing Fraud +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The National Crime Agency

Claimant

Gary John Robb

Defendant

Patricia Anne Clarke

Additional Claimant

Susan Latchford

Additional Claimant

John Latchford

Additional Claimant

Sandra Kocinski

Additional Claimant

Grzegorz Kocinski

Additional Claimant

Bruce Neil-Gourlay

Additional Claimant

Patricia Neil-Gourlay

Additional Claimant

Peter Brooks

Additional Claimant

Bethan Bryn Jones

Additional Claimant

Stuart Scott

Additional Claimant

Phyllis Boyd

Additional Claimant

James Boyd

Additional Claimant

Procedural Posture

Civil Recovery Proceedings / Judgment on Section 281 Applications

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' share in the Fund
  3. 3 Whether rescission for supervening fraud gives rise to a constructive trust

Ratio Decidendi

Each lead claimant has a proprietary claim to part of the Fund, calculated pro rata based on tracing their payments through specified accounts, with rescission for fraud vesting their interest retrospectively. The Fund is to be treated as derived from the sources in proportion to their contribution, and costs exclusion jurisdiction exists but cannot be exercised at this stage.

Court Disposition

Lead claimants have proprietary claims to part of the Fund; quantification to be determined in further proceedings; costs issue adjourned.

Orders

  • Declarations under section 281 of POCA granted to lead claimants for proprietary share in the Fund
  • Jurisdiction to exclude costs from property freezing order exists but not exercised at this stage