Department of Work and Pensions v Kole- Emmanuel

Department of Work and Pensions v Kole- Emmanuel

The applicant failed to discharge the burden of proof that his realisable assets are inadequate to satisfy the confiscation order, particularly in light of evidence of hidden assets and the insufficiency of the official receiver's report. The application for a certificate of inadequacy is dismissed.

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 / Judgment on Renewed Application
Outcome
application dismissed
Legal Topics
Confiscation Order, Certificate of Inadequacy, Burden of Proof, Bankruptcy and Enforcement
Criminal Law Proceeds of Crime Confiscation Order Certificate of Inadequacy Burden of Proof Bankruptcy and Enforcement

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Parties

The Department of Work and Pensions

Claimant

Kole-Emmanuel

Defendant

Procedural Posture

Application for Certificate of Inadequacy / Judgment on Renewed Application

Legal Issues

  1. 1 Whether the applicant has discharged the burden of proof to show inadequacy of realisable assets to satisfy the confiscation order
  2. 2 Whether bankruptcy and the official receiver's report suffice as evidence of inadequacy
  3. 3 Whether the matter should be adjourned for further evidence

Ratio Decidendi

The applicant failed to discharge the burden of proof that his realisable assets are inadequate to satisfy the confiscation order, particularly in light of evidence of hidden assets and the insufficiency of the official receiver's report. The application for a certificate of inadequacy is dismissed.

Court Disposition

application dismissed

Orders

  • Application for certificate of inadequacy dismissed
  • Applicant to pay respondent's costs via summary bill of costs within 7 days