Department of Work and Pensions v Kole- Emmanuel [2013] EWHC 4368 (Admin) (26 June 2013)

Department of Work and Pensions v Kole- Emmanuel [2013] EWHC 4368 (Admin) (26 June 2013)

Applicant failed to discharge the burden of proof that his realisable property is inadequate to satisfy the confiscation order, as there is clear evidence of hidden assets and insufficient explanation of asset dissipation; bankruptcy and the official receiver's report are not sufficient evidence.

Citation
[2013] EWHC 4368 (Admin)
Parties
Claimant: The Department of Work and Pensions; Defendant: Kole-Emmanuel
Jurisdiction
England and Wales
Judgment Date
26 June 2013
Procedural Posture
Application for Certificate of Inadequacy in Confiscation Proceedings / Judgment on Renewed Application for Certificate of Inadequacy
Outcome
Application for certificate of inadequacy dismissed.
Legal Topics
Confiscation Order, Certificate of Inadequacy, Burden of Proof, Hidden Assets, Bankruptcy and Insolvency
Criminal Law Proceeds of Crime Bankruptcy Confiscation Order Certificate of Inadequacy Burden of Proof Hidden Assets Bankruptcy and Insolvency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The Department of Work and Pensions

Claimant

Kole-Emmanuel

Defendant

Procedural Posture

Application for Certificate of Inadequacy in Confiscation Proceedings / Judgment on Renewed Application for Certificate of Inadequacy

Legal Issues

  1. 1 Whether the applicant has discharged the burden of proof to show realisable property is inadequate to satisfy the confiscation order
  2. 2 Whether bankruptcy and the official receiver's report are sufficient evidence of inadequacy
  3. 3 Whether the application should be adjourned for further evidence

Ratio Decidendi

Applicant failed to discharge the burden of proof that his realisable property is inadequate to satisfy the confiscation order, as there is clear evidence of hidden assets and insufficient explanation of asset dissipation; bankruptcy and the official receiver's report are not sufficient evidence.

Court Disposition

Application for certificate of inadequacy dismissed.

Orders

  • Application for certificate of inadequacy dismissed.
  • Applicant to pay respondent's costs of the application via summary bill of costs within 7 days; if not agreed, to be assessed.