Serious Organised Crime Agency v Szepietowski & Ors

Serious Organised Crime Agency v Szepietowski & Ors

The court has jurisdiction under POCA 2002 to set aside exclusion orders, and paragraph 7A.4 of the Practice Direction is consistent with the statutory scheme. Since Mr Szepietowski had substantial free assets following the compromise, all four exclusion orders should be set aside, and legal costs should not be paid out of recoverable property.

Parties
Claimant: The Serious Organised Crime Agency; Defendant: John Szepietowski; Defendant: Countess UK; Defendant: Countess BVI
Jurisdiction
England and Wales
Judgment Date
01 July 2009
Procedural Posture
Civil Recovery Proceedings / Application to Set Aside Exclusion Orders
Outcome
application granted
Legal Topics
Exclusion Orders, Legal Expenses, Practice Directions, Corporate Veil, Civil Recovery, Interim Receiving Orders
Civil Procedure Proceeds of Crime Property Law Exclusion Orders Legal Expenses Practice Directions Corporate Veil Civil Recovery +1 more

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Parties

The Serious Organised Crime Agency

Claimant

John Szepietowski

Defendant

Countess UK

Defendant

Countess BVI

Defendant

Procedural Posture

Civil Recovery Proceedings / Application to Set Aside Exclusion Orders

Legal Issues

  1. 1 Whether the court has power to set aside exclusion orders under section 252 of POCA 2002
  2. 2 Whether paragraph 7A.4 of the Practice Direction is consistent with POCA 2002 and the 2005 Regulations
  3. 3 Whether assets released under a compromise can be considered as free assets for payment of legal costs

Ratio Decidendi

The court has jurisdiction under POCA 2002 to set aside exclusion orders, and paragraph 7A.4 of the Practice Direction is consistent with the statutory scheme. Since Mr Szepietowski had substantial free assets following the compromise, all four exclusion orders should be set aside, and legal costs should not be paid out of recoverable property.

Court Disposition

application granted

Orders

  • All four existing exclusion orders are set aside in full.
  • No order for payment of legal costs out of recoverable property under section 266(8A) of POCA 2002.