National Crime Agency v Doherty [2015] EWHC 3425 (Admin) (23 June 2015)

National Crime Agency v Doherty [2015] EWHC 3425 (Admin) (23 June 2015)

The court was satisfied that all reasonable steps to serve the defendant had failed and that alternative service at two specified addresses was justified and should be deemed good service. The court further found that there was a prima facie case that the property was obtained through unlawful conduct, meeting the statutory requirements for a Property Freezing Order.

Citation
[2015] EWHC 3425 (Admin)
Parties
Claimant: National Crime Agency; Defendant: Shawn Martin Doherty
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Civil Recovery Application (property Freezing Order) / Interlocutory Application for Service and Substantive Order
Outcome
Application granted
Legal Topics
Alternative Service of Process, Property Freezing Order, Recoverable Property, Unlawful Conduct
Civil Procedure Proceeds of Crime Alternative Service of Process Property Freezing Order Recoverable Property Unlawful Conduct

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Parties

National Crime Agency

Claimant

Shawn Martin Doherty

Defendant

Procedural Posture

Civil Recovery Application (property Freezing Order) / Interlocutory Application for Service and Substantive Order

Legal Issues

  1. 1 Whether alternative service of the application on the defendant should be permitted and deemed good service
  2. 2 Whether the conditions for granting a Property Freezing Order under the Proceeds of Crime Act 2002 are satisfied

Ratio Decidendi

The court was satisfied that all reasonable steps to serve the defendant had failed and that alternative service at two specified addresses was justified and should be deemed good service. The court further found that there was a prima facie case that the property was obtained through unlawful conduct, meeting the statutory requirements for a Property Freezing Order.

Court Disposition

Application granted

Orders

  • Alternative service at two specified addresses authorised and deemed good service
  • Property Freezing Order granted in the terms of the draft order provided by the claimant