Assets Recovery Agency v Singh [2004] EWHC 2335 (Admin) (19 October 2004)

Assets Recovery Agency v Singh [2004] EWHC 2335 (Admin) (19 October 2004)

Section 308(9) only excludes property from civil recovery if there is an extant confiscation order; a quashed order is null for the future and does not trigger the exclusion. Section 308(1) does not protect the solicitors' fees as the funds were not disposed of by Mr. Singh nor acquired by the solicitors as bona fide purchasers without notice. There was no breach of Article 6 ECHR as the civil proceedings are separate and the delays were not sufficient to violate the right to a fair hearing. The non-disclosure at the without notice hearing was innocent and immaterial, not justifying discharge of the interim receiving order.

Citation
[2004] EWHC 2335 (Admin)
Parties
Claimant: THE DIRECTOR OF THE ASSETS RECOVERY AGENCY; Defendant: SATNAM SINGH
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Application (civil Recovery) / Judgment on Application to Strike Out Claim Form and Discharge Interim Receiving Order
Outcome
Application dismissed
Legal Topics
Proceeds of Crime Act 2002, Confiscation Orders, Interim Receiving Orders, Disclosure Obligations, Article 6 ECHR
Civil Recovery Criminal Law Human Rights Proceeds of Crime Act 2002 Confiscation Orders Interim Receiving Orders Disclosure Obligations Article 6 ECHR

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Parties

THE DIRECTOR OF THE ASSETS RECOVERY AGENCY

Claimant

SATNAM SINGH

Defendant

Procedural Posture

Application (civil Recovery) / Judgment on Application to Strike Out Claim Form and Discharge Interim Receiving Order

Legal Issues

  1. 1 Whether property previously considered in a quashed confiscation order is 'recoverable property' under s.304 and s.308(9) Proceeds of Crime Act 2002
  2. 2 Whether sums paid to solicitors for legal fees are protected under s.308(1) Proceeds of Crime Act 2002
  3. 3 Whether the proceedings breached Article 6 ECHR (right to a fair trial within a reasonable time)

Ratio Decidendi

Section 308(9) only excludes property from civil recovery if there is an extant confiscation order; a quashed order is null for the future and does not trigger the exclusion. Section 308(1) does not protect the solicitors' fees as the funds were not disposed of by Mr. Singh nor acquired by the solicitors as bona fide purchasers without notice. There was no breach of Article 6 ECHR as the civil proceedings are separate and the delays were not sufficient to violate the right to a fair hearing. The non-disclosure at the without notice hearing was innocent and immaterial, not justifying discharge of the interim receiving order.

Court Disposition

Application dismissed

Orders

  • Application to strike out claim form refused
  • Application to discharge interim receiving order refused