Director of the Assets Recovery Agency v Taher & Ors [2006] EWHC 3406 (Admin) (4 December 2006)
On the balance of probabilities, the assets in the six accounts are proceeds of crime and are recoverable by the Director; victims may recover only if they can trace their contributions.
- Citation
- [2006] EWHC 3406 (Admin)
- Parties
- Claimant: Director of the Assets Recovery Agency; Defendant: Mr Taher; Defendant: Mrs Balal; Defendant: Third Respondent (unnamed)
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2006
- Procedural Posture
- Civil Recovery Claim / Final Judgment
- Outcome
- claim allowed
- Legal Topics
- Proceeds of Crime, Advance Fee Fraud, Money Laundering
Case Brief
Summary, issues, holding and outcome
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Parties
Director of the Assets Recovery Agency
Claimant
Mr Taher
Defendant
Mrs Balal
Defendant
Third Respondent (unnamed)
Defendant
Procedural Posture
Civil Recovery Claim / Final Judgment
Legal Issues
- 1 Are the assets in the six accounts recoverable as proceeds of crime under the relevant legislation?
- 2 Can victims trace and recover their contributions from the seized assets?
Ratio Decidendi
On the balance of probabilities, the assets in the six accounts are proceeds of crime and are recoverable by the Director; victims may recover only if they can trace their contributions.
Court Disposition
claim allowed
Orders
- Trustee for civil recovery appointed.
- Recovery order made for the amount standing in credit in the six bank accounts.
Full Case Text
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