P, Re Criminal Justice Act

P, Re Criminal Justice Act

The respondent established a good arguable case that the applicants did not have beneficial ownership of the properties and that the transfers were either shams or gifts at undervalue, justifying continued restraint under the Criminal Justice Act 1988.

Parties
Claimant: The Queen on the Matter of P; Defendant: The Criminal Justice Act
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Application to Vary Restraint Order / Judgment on Application
Outcome
Applications by Darren, James, and Danny Pomfrett to vary the restraint order are dismissed.
Legal Topics
Restraint Orders, Beneficial Ownership, Confiscation Proceedings, Sham Transactions, Gifts at Undervalue
Criminal Law Property Law Civil Procedure Restraint Orders Beneficial Ownership Confiscation Proceedings Sham Transactions Gifts at Undervalue

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Parties

The Queen on the Matter of P

Claimant

The Criminal Justice Act

Defendant

Procedural Posture

Application to Vary Restraint Order / Judgment on Application

Legal Issues

  1. 1 Whether applicants have beneficial interest in properties subject to restraint order
  2. 2 Whether property transfers were shams or gifts at undervalue under Criminal Justice Act 1988
  3. 3 Whether proceeds of sale should be excluded from restraint order

Ratio Decidendi

The respondent established a good arguable case that the applicants did not have beneficial ownership of the properties and that the transfers were either shams or gifts at undervalue, justifying continued restraint under the Criminal Justice Act 1988.

Court Disposition

Applications by Darren, James, and Danny Pomfrett to vary the restraint order are dismissed.

Orders

  • Leave granted for transcripts of evidence for Crown Court proceedings.
  • Costs reserved for written submissions and later determination.