Director of the Assets Recovery Agency v Szepietowski & Ors [2006] EWHC 2406 (Admin) (29 September 2006)

Director of the Assets Recovery Agency v Szepietowski & Ors [2006] EWHC 2406 (Admin) (29 September 2006)

The claimant and interim receiver are entitled to use information obtained under a prior interim receiving order, even if it relates to different alleged wrongdoing, in a subsequent application for an interim receiving order. The statutory purpose of the Proceeds of Crime Act 2002 supports this approach, and there is no statutory or common law restriction preventing such use.

Citation
[2006] EWHC 2406 (Admin)
Parties
Claimant: THE DIRECTOR OF THE ASSETS RECOVERY AGENCY; First Respondent: JOHN SZEPIETOWSKI; Second Respondent: SUSAN ANN SERRY; Third Respondent: MERCHANT TAYLOR LIMITED; Fourth Respondent: COBHAM INVESTMENTS LIMITED; Fifth Respondent: HIGHREALM LIMITED
Jurisdiction
England and Wales
Judgment Date
29 September 2006
Procedural Posture
Application for Discharge of Interim Receiving Order / Judgment on Entitlement to Use Information From Prior Interim Order
Outcome
Declaration granted in favour of claimant
Legal Topics
Use of Evidence From Prior Interim Receivership, Recoverable Property, Statutory Interpretation
Civil Recovery Proceeds of Crime Administrative Law Use of Evidence From Prior Interim Receivership Recoverable Property Statutory Interpretation

Case Brief

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Parties

THE DIRECTOR OF THE ASSETS RECOVERY AGENCY

Claimant

JOHN SZEPIETOWSKI

First Respondent

SUSAN ANN SERRY

Second Respondent

MERCHANT TAYLOR LIMITED

Third Respondent

COBHAM INVESTMENTS LIMITED

Fourth Respondent

HIGHREALM LIMITED

Fifth Respondent

Procedural Posture

Application for Discharge of Interim Receiving Order / Judgment on Entitlement to Use Information From Prior Interim Order

Legal Issues

  1. 1 Whether information obtained under a prior interim receiving order relating to different alleged wrongdoing can be used in a subsequent application for an interim receiving order

Ratio Decidendi

The claimant and interim receiver are entitled to use information obtained under a prior interim receiving order, even if it relates to different alleged wrongdoing, in a subsequent application for an interim receiving order. The statutory purpose of the Proceeds of Crime Act 2002 supports this approach, and there is no statutory or common law restriction preventing such use.

Court Disposition

Declaration granted in favour of claimant

Orders

  • Claimant and interim receiver entitled to use information obtained under first interim receiving order relating to different alleged wrongdoing in application for second interim receiving order