P v HM Customs & Excise [2005] EWHC 877 (Admin) (11 May 2005)

P v HM Customs & Excise [2005] EWHC 877 (Admin) (11 May 2005)

The applicant failed to establish that his realisable property is inadequate for payment of the outstanding confiscation order because the value of the equity in the property deemed to be a gift caught by the Act exceeds the amount outstanding. No material change in the value or position of this property since the order was made was shown. Therefore, the statutory conditions for issuing a certificate of inadequacy are not met.

Citation
[2005] EWHC 877 (Admin)
Parties
Applicant: P; Respondent: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
11 May 2005
Procedural Posture
Application for Certificate of Inadequacy Under Section 83 of the Criminal Justice Act 1988 / High Court Judgment on Application
Outcome
Application dismissed
Legal Topics
Confiscation Orders, Certificate of Inadequacy, Realisable Property, Gifts Caught by Statute, Appeal and Abuse of Process
Criminal Law Proceeds of Crime Asset Forfeiture Confiscation Orders Certificate of Inadequacy Realisable Property Gifts Caught by Statute Appeal and Abuse of Process

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Parties

P

Applicant

HM Customs and Excise

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Section 83 of the Criminal Justice Act 1988 / High Court Judgment on Application

Legal Issues

  1. 1 Whether the applicant's realisable property is inadequate for payment of the outstanding confiscation order under section 83(1) of the Criminal Justice Act 1988
  2. 2 Whether the court should disregard any inadequacy pursuant to section 83(2)(b) of the 1988 Act

Ratio Decidendi

The applicant failed to establish that his realisable property is inadequate for payment of the outstanding confiscation order because the value of the equity in the property deemed to be a gift caught by the Act exceeds the amount outstanding. No material change in the value or position of this property since the order was made was shown. Therefore, the statutory conditions for issuing a certificate of inadequacy are not met.

Court Disposition

Application dismissed

Orders

  • Application for certificate of inadequacy refused