Ali, Re Drug Trafficking Act 1994 [2002] EWCA Civ 1450 (4 October 2002)
The applicant failed to discharge the burden of proving, on the balance of probabilities, that the debt owed by Mr Grimwood was irrecoverable; therefore, the application for a certificate of inadequacy must be dismissed.
- Citation
- [2002] EWCA Civ 1450
- Parties
- Applicant: Houssam Ali; Defendant: HM Customs & Excise
- Jurisdiction
- England and Wales
- Judgment Date
- 04 October 2002
- Procedural Posture
- Renewed Application for Permission to Appeal (administrative Court) / Application for Certificate of Inadequacy Under Section 17 of the Drug Trafficking Act 1994; Appeal From Refusal by High Court
- Outcome
- Application dismissed
- Legal Topics
- Confiscation Orders, Certificate of Inadequacy, Realisable Property, Burden of Proof
Case Brief
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Parties
Houssam Ali
Applicant
HM Customs & Excise
Defendant
Procedural Posture
Renewed Application for Permission to Appeal (administrative Court) / Application for Certificate of Inadequacy Under Section 17 of the Drug Trafficking Act 1994; Appeal From Refusal by High Court
Legal Issues
- 1 Whether the applicant discharged the burden of proving that the debt owed by Mr Grimwood was irrecoverable for the purposes of section 17 of the Drug Trafficking Act 1994
Ratio Decidendi
The applicant failed to discharge the burden of proving, on the balance of probabilities, that the debt owed by Mr Grimwood was irrecoverable; therefore, the application for a certificate of inadequacy must be dismissed.
Court Disposition
Application dismissed
Orders
- No order for costs
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