National Crime Agency v Doherty

National Crime Agency v Doherty

The court held that the NCA had made reasonable efforts to serve the defendant and that alternative service at the two identified addresses was justified and should be deemed good service. The court further held that there was sufficient evidence to support a prima facie case that the property was obtained through unlawful conduct, thus satisfying the conditions for granting a property freezing order.

Parties
Claimant: National Crime Agency; Defendant: Shawn Martin Doherty
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Civil Application / Interlocutory Application for Property Freezing Order
Outcome
application granted
Legal Topics
Proceeds of Crime, Property Freezing Order, Service of Process, Unlawful Conduct, Recoverable Property
Criminal Law Civil Procedure Proceeds of Crime Property Freezing Order Service of Process Unlawful Conduct Recoverable Property

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Parties

National Crime Agency

Claimant

Shawn Martin Doherty

Defendant

Procedural Posture

Civil Application / Interlocutory Application for Property Freezing Order

Legal Issues

  1. 1 Whether alternative service of the application on the defendant is valid
  2. 2 Whether the conditions for granting a property freezing order under the Proceeds of Crime Act 2002 are met

Ratio Decidendi

The court held that the NCA had made reasonable efforts to serve the defendant and that alternative service at the two identified addresses was justified and should be deemed good service. The court further held that there was sufficient evidence to support a prima facie case that the property was obtained through unlawful conduct, thus satisfying the conditions for granting a property freezing order.

Court Disposition

application granted

Orders

  • Property Freezing Order granted in terms of the draft provided by the claimant
  • Service of the application and future documents to be effected by alternative method at the two specified addresses