Re L [2010] EWHC 1531 (Admin) (23 June 2010)
The statutory scheme requires the value of gifts caught by the Act to be included in the amount of a confiscation order, and the inability of the defendant to realise such a gift does not entitle him to a certificate of inadequacy under section 17.
Source-derived case information.
- Citation
- [2010] EWHC 1531 (Admin)
- Parties
- Applicant: L; Respondent: Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 23 June 2010
- Procedural Posture
- Application for Certificate of Inadequacy Under Drug Trafficking Act 1994 / High Court Judgment on Application
- Outcome
- Application refused
- Legal Topics
- Confiscation Orders, Drug Trafficking, Certificates of Inadequacy, Gifts Caught by the Act, Enforcement of Confiscation Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
L
Applicant
Crown
Respondent
Procedural Posture
Application for Certificate of Inadequacy Under Drug Trafficking Act 1994 / High Court Judgment on Application
Legal Issues
- 1 Whether the value of a gift caught by the Drug Trafficking Act 1994 can be excluded from the calculation of realisable property for the purposes of a certificate of inadequacy under section 17
- 2 Whether inability of the defendant to realise a gift made to a third party entitles him to a certificate of inadequacy
Ratio Decidendi
The statutory scheme requires the value of gifts caught by the Act to be included in the amount of a confiscation order, and the inability of the defendant to realise such a gift does not entitle him to a certificate of inadequacy under section 17.
Court Disposition
Application refused
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