HM Revenue & Customs v Chott [2005] EWHC 2641 (Admin) (24 October 2005)

Given the finding that the money was intended for use in drug trafficking, the magistrates could not reasonably have failed to order forfeiture of the entire sum; their discretion was misapplied and the relevant legal principles were not properly considered.

Citation: [2005] EWHC 2641 (Admin)
Parties: Claimant: HM Revenue & Customs; Respondent: Gary Ullah Chott
Jurisdiction: England and Wales
Judgment Date: 24 October 2005
Procedural Posture: Appeal by Way of Case Stated / High Court (administrative Court) Review of Magistrates' Court Decision
Outcome: Appeal allowed; magistrates' decision quashed; order substituted forfeiting the entire sum of £24,580.
Legal Topics: Drug Trafficking, Forfeiture of Cash, Discretion of Magistrates, Standard of Proof in Civil Proceedings

Criminal Law Asset Forfeiture Drug Trafficking Forfeiture of Cash Discretion of Magistrates Standard of Proof in Civil Proceedings

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Parties

HM Revenue & Customs

Claimant

Gary Ullah Chott

Respondent

Procedural Posture

Appeal by Way of Case Stated / High Court (administrative Court) Review of Magistrates' Court Decision

Legal Issues

1 Whether magistrates were entitled to return part of seized cash after finding it was intended for use in drug trafficking
2 Whether magistrates were correct to treat evidence as unchallenged

Ratio Decidendi

Court Disposition

Appeal allowed; magistrates' decision quashed; order substituted forfeiting the entire sum of £24,580.

Orders

Order quashing magistrates' decision to return part of the cash.
Order substituting forfeiture of the entire sum of £24,580.