Butt v Customs & Excise [2002] EWCA Civ 568 (22 March 2002)

Butt v Customs & Excise [2002] EWCA Civ 568 (22 March 2002)

The correct standard of proof in forfeiture proceedings under Section 43 of the Drug Trafficking Act 1994 is the civil standard, applied with appropriate strictness given the seriousness of the matter, but not the criminal standard. The lower courts correctly applied this test.

Citation
[2002] EWCA Civ 568
Parties
Applicant: Mohammed Butt; Respondent: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Second Tier Appeal for Permission to Appeal (civil Forfeiture) / Application for Permission to Appeal to the Court of Appeal From Divisional Court Decision
Outcome
Application for permission to appeal refused
Legal Topics
Standard of Proof, Forfeiture Proceedings, Drug Trafficking Act 1994, Civil Vs Criminal Proceedings
Civil Procedure Criminal Law Asset Forfeiture Standard of Proof Forfeiture Proceedings Drug Trafficking Act 1994 Civil Vs Criminal Proceedings

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Parties

Mohammed Butt

Applicant

HM Customs and Excise

Respondent

Procedural Posture

Second Tier Appeal for Permission to Appeal (civil Forfeiture) / Application for Permission to Appeal to the Court of Appeal From Divisional Court Decision

Legal Issues

  1. 1 Whether the standard of proof in forfeiture proceedings under Section 43 of the Drug Trafficking Act 1994 should be the civil standard or akin to the criminal standard
  2. 2 Whether the approach of the lower courts to the standard of proof was correct

Ratio Decidendi

The correct standard of proof in forfeiture proceedings under Section 43 of the Drug Trafficking Act 1994 is the civil standard, applied with appropriate strictness given the seriousness of the matter, but not the criminal standard. The lower courts correctly applied this test.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused