Serious Organised Crime Agency v Szepietowski & Ors

Serious Organised Crime Agency v Szepietowski & Ors

Applicants have substantial available assets outside the interim receiving order, notably Mr Szepietowski's half share in the equity of Ashford House and interests in other properties and chattels, from which legal expenses could reasonably be met. The statutory exclusion regime is exhaustive and applies to trustee defendants; personal assets cannot be disregarded. Conditions for further exclusion orders are not satisfied.

Parties
Claimant: The Serious Organised Crime Agency; Defendant: John Szepietowski; Defendant: Countess Investments Limited (UK); Defendant: Countess Investments Limited (BVI)
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Civil Recovery / Ruling on Application for Further Exclusion Orders to Meet Legal Expenses
Outcome
application dismissed
Legal Topics
Exclusion Orders, Legal Expenses, Trustee Liability, Asset Disclosure, Proceeds of Crime
Civil Recovery Trusts Criminal Law Exclusion Orders Legal Expenses Trustee Liability Asset Disclosure Proceeds of Crime

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Parties

The Serious Organised Crime Agency

Claimant

John Szepietowski

Defendant

Countess Investments Limited (UK)

Defendant

Countess Investments Limited (BVI)

Defendant

Procedural Posture

Civil Recovery / Ruling on Application for Further Exclusion Orders to Meet Legal Expenses

Legal Issues

  1. 1 Whether further exclusion orders should be made to allow applicants to meet legal expenses from assets subject to interim receiving order
  2. 2 Whether applicants have available assets outside the interim receiving order from which legal costs may be met
  3. 3 Whether trustee defendants can rely on trust law principles to exclude personal assets from consideration under the statutory exclusion regime

Ratio Decidendi

Applicants have substantial available assets outside the interim receiving order, notably Mr Szepietowski's half share in the equity of Ashford House and interests in other properties and chattels, from which legal expenses could reasonably be met. The statutory exclusion regime is exhaustive and applies to trustee defendants; personal assets cannot be disregarded. Conditions for further exclusion orders are not satisfied.

Court Disposition

application dismissed