Serious Organised Crime Agency v Wilson [2009] NICA 20 (31 March 2009)

Serious Organised Crime Agency v Wilson [2009] NICA 20 (31 March 2009)

The investigation costs of the interim receiver appointed under Part 5 of the Proceeds of Crime Act 2002 are not litigation costs recoverable from the defendants; they are expenses of the receivership to be met from the assets under receivership, absent express statutory provision to the contrary.

Citation
[2009] NICA 20
Parties
Plaintiff/appellant: Serious Organised Crime Agency; Defendant/respondent: William Wilson; Defendant/respondent: Christine Wilson
Jurisdiction
Northern Ireland
Judgment Date
31 March 2009
Procedural Posture
Civil Recovery Proceedings / Appeal From High Court Decision on Costs
Outcome
appeal dismissed
Legal Topics
Proceeds of Crime, Receivership Costs, Statutory Interpretation
Criminal Law Civil Procedure Proceeds of Crime Receivership Costs Statutory Interpretation

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Parties

Serious Organised Crime Agency

Plaintiff/appellant

William Wilson

Defendant/respondent

Christine Wilson

Defendant/respondent

Procedural Posture

Civil Recovery Proceedings / Appeal From High Court Decision on Costs

Legal Issues

  1. 1 Are the investigation costs of an interim receiver appointed under Part 5 of the Proceeds of Crime Act 2002 litigation costs recoverable from the defendants?
  2. 2 Should the defendants bear the interim receiver's investigation costs as part of the litigation costs?

Ratio Decidendi

The investigation costs of the interim receiver appointed under Part 5 of the Proceeds of Crime Act 2002 are not litigation costs recoverable from the defendants; they are expenses of the receivership to be met from the assets under receivership, absent express statutory provision to the contrary.

Court Disposition

appeal dismissed

Orders

  • No order for defendants to pay interim receiver's investigation costs.
  • Costs of interim receiver to be met from assets under receivership.