Nuttall & Anor v National Crime Agency

Nuttall & Anor v National Crime Agency

The applications to discharge the Disclosure Order, Information Notices, and Property Freezing Order are dismissed because the statutory thresholds were met, delay was justified, reasons for orders are not required, safeguards for personal data are sufficient, and ancillary disclosure requirements are lawful.

Parties
Applicant: Jonathan Nuttall; Applicant: Amanda Nuttall; Respondent: National Crime Agency
Jurisdiction
England and Wales
Judgment Date
27 July 2016
Procedural Posture
Judicial Review / Ruling on Applications to Discharge Orders
Outcome
applications dismissed
Legal Topics
Proceeds of Crime Act, Disclosure Orders, Property Freezing Orders, Search and Seizure Warrants, Article 8 ECHR, EU Charter of Fundamental Rights
Criminal Law Civil Recovery Human Rights Proceeds of Crime Act Disclosure Orders Property Freezing Orders Search and Seizure Warrants Article 8 ECHR +1 more

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Parties

Jonathan Nuttall

Applicant

Amanda Nuttall

Applicant

National Crime Agency

Respondent

Procedural Posture

Judicial Review / Ruling on Applications to Discharge Orders

Legal Issues

  1. 1 Whether the Disclosure Order and Information Notices should be discharged due to passage of time, lack of reasons, improper penal notice, or breach of human rights
  2. 2 Whether the Property Freezing Order should be discharged for lack of risk of dissipation or improper disclosure requirements

Ratio Decidendi

The applications to discharge the Disclosure Order, Information Notices, and Property Freezing Order are dismissed because the statutory thresholds were met, delay was justified, reasons for orders are not required, safeguards for personal data are sufficient, and ancillary disclosure requirements are lawful.

Court Disposition

applications dismissed

Orders

  • Applicants must forthwith make the disclosure required by the Information Notices and Paragraph 8 of the Property Freezing Order