Serious Organised Crime Agency v Szepietowski & Ors [2009] EWHC 344 (Ch) (27 February 2009)

Serious Organised Crime Agency v Szepietowski & Ors [2009] EWHC 344 (Ch) (27 February 2009)

The court finds, on the evidence, that Ashford House is valued at approximately £3.25 million, substantially more than applicants' claimed value, and that applicants have available assets outside the scope of the interim receiving order from which legal expenses can reasonably be met. Accordingly, further exclusions for legal expenses are not justified.

Citation
[2009] EWHC 344 (Ch)
Parties
Claimant: The Serious Organised Crime Agency; First Defendant/applicant: John Szepietowski; Third Defendant/applicant: Countess Investments Limited (UK); Fourth Defendant/applicant: Countess Investments Limited (BVI)
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Civil Recovery Proceedings / Application for Further Exclusions From Interim Receiving Order
Outcome
application for further exclusions refused
Legal Topics
Proceeds of Crime, Interim Receiving Orders, Exclusion Orders, Legal Expenses, Asset Disclosure
Criminal Law Civil Recovery Trusts and Equity Proceeds of Crime Interim Receiving Orders Exclusion Orders Legal Expenses Asset Disclosure

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Parties

The Serious Organised Crime Agency

Claimant

John Szepietowski

First Defendant/applicant

Countess Investments Limited (UK)

Third Defendant/applicant

Countess Investments Limited (BVI)

Fourth Defendant/applicant

Procedural Posture

Civil Recovery Proceedings / Application for Further Exclusions From Interim Receiving Order

Legal Issues

  1. 1 Whether further exclusions from the interim receiving order should be granted to enable applicants to meet legal expenses
  2. 2 Whether applicants have assets available outside the scope of the interim receiving order from which legal costs can be met
  3. 3 Proper valuation of Ashford House and other assets for the purpose of exclusion orders

Ratio Decidendi

The court finds, on the evidence, that Ashford House is valued at approximately £3.25 million, substantially more than applicants' claimed value, and that applicants have available assets outside the scope of the interim receiving order from which legal expenses can reasonably be met. Accordingly, further exclusions for legal expenses are not justified.

Court Disposition

application for further exclusions refused

Orders

  • No further exclusion from interim receiving order for legal expenses granted
  • Applicants to meet legal expenses from available assets outside scope of interim receiving order