THE SCOTTISH MINISTERS v. OMAR SHARIF [2011] ScotSC 126 (27 July 2011)

THE SCOTTISH MINISTERS v. OMAR SHARIF [2011] ScotSC 126 (27 July 2011)

Where public authorities have acted reasonably, properly, and honestly in pursuing and then dismissing a civil forfeiture action, and no exceptional financial hardship is established, the appropriate order is that there be no expenses due to or by either party.

Citation
[2011] ScotSC 126
Parties
Minuters: The Scottish Ministers, Civil Recovery Unit; Defender: Omar Sharif
Jurisdiction
Scotland
Judgment Date
27 July 2011
Procedural Posture
Civil Recovery of Cash (forfeiture) / Post Dismissal, Expenses Determination
Outcome
No expenses due to or by either party; Minuters' motion granted.
Legal Topics
Expenses (costs), Proceeds of Crime, Forfeiture of Cash, Public Authority Litigation, Financial Hardship
Civil Procedure Asset Forfeiture Administrative Law Expenses (costs) Proceeds of Crime Forfeiture of Cash Public Authority Litigation Financial Hardship

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Parties

The Scottish Ministers, Civil Recovery Unit

Minuters

Omar Sharif

Defender

Procedural Posture

Civil Recovery of Cash (forfeiture) / Post Dismissal, Expenses Determination

Legal Issues

  1. 1 Whether expenses should be awarded following dismissal of a civil forfeiture action by public authorities acting reasonably
  2. 2 Whether financial hardship to the defender justifies a departure from the no expenses rule

Ratio Decidendi

Where public authorities have acted reasonably, properly, and honestly in pursuing and then dismissing a civil forfeiture action, and no exceptional financial hardship is established, the appropriate order is that there be no expenses due to or by either party.

Court Disposition

No expenses due to or by either party; Minuters' motion granted.

Orders

  • Diet of proof discharged; action dismissed.
  • Expenses disposed of on a no expenses due to or by basis.