Price, R v (on the application of) v The Crown Court at Snaresbrook

Price, R v (on the application of) v The Crown Court at Snaresbrook

The application to reinstate the judicial review proceedings is dismissed because the underlying claim is hopeless and bound to fail. The Property in France can be subject to a certificate under the 2014 Regulations as proceeds of crime, even if not directly traceable to criminal conduct, per R v Moss. The case stated procedure was inappropriate, and the correct appellate route was to the Criminal Division of the Court of Appeal. Relief from sanctions is refused as it would revive a claim with no prospect of success.

Parties
Claimant: Simon Price; Defendant: The Crown; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
06 March 2020
Procedural Posture
Judicial Review / Application to Reinstate Claim After Strike Out for Breach of Peremptory Order
Outcome
Application dismissed
Legal Topics
Proceeds of Crime, Confiscation Orders, Relief From Sanctions, Jurisdiction, Case Stated Procedure
Criminal Law Judicial Review Confiscation Proceedings Proceeds of Crime Confiscation Orders Relief From Sanctions Jurisdiction Case Stated Procedure

Case Brief

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Parties

Simon Price

Claimant

The Crown

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Application to Reinstate Claim After Strike Out for Breach of Peremptory Order

Legal Issues

  1. 1 Whether the application to reinstate judicial review proceedings should be granted after strike out for breach of peremptory order
  2. 2 Whether the Property in France could be subject to a certificate under the 2014 Regulations as proceeds of crime
  3. 3 Whether the case stated procedure was appropriate for challenging the Crown Court's decision

Ratio Decidendi

The application to reinstate the judicial review proceedings is dismissed because the underlying claim is hopeless and bound to fail. The Property in France can be subject to a certificate under the 2014 Regulations as proceeds of crime, even if not directly traceable to criminal conduct, per R v Moss. The case stated procedure was inappropriate, and the correct appellate route was to the Criminal Division of the Court of Appeal. Relief from sanctions is refused as it would revive a claim with no prospect of success.

Court Disposition

Application dismissed

Orders

  • Application to reinstate judicial review proceedings is dismissed
  • No relief from sanctions granted