Scottish Ministers v Rennison or Smith [2010] ScotCS CSIH_44 (25 May 2010)

Scottish Ministers v Rennison or Smith [2010] ScotCS CSIH_44 (25 May 2010)

The court refused the appeal for want of insistence, finding the medical certificate insufficient to excuse non-appearance and the grounds of appeal irrelevant or contrary to established law.

Citation
[2010] ScotCS CSIH_44
Parties
Petitioners and Respondents: The Scottish Ministers; Second Respondent and Reclaimer: Claire Rennison or Smith
Jurisdiction
Scotland
Judgment Date
25 May 2010
Procedural Posture
Reclaiming Motion in Petition for Recovery Order Under Proceeds of Crime Act 2002 / Appeal (reclaiming Motion) Against Interlocutor Granting Recovery Order
Outcome
Appeal refused for want of insistence
Legal Topics
Recovery of Criminal Assets, Civil Forfeiture, Procedural Fairness, Medical Excuses for Non Appearance
Civil Recovery Proceeds of Crime Criminal Law (related) Recovery of Criminal Assets Civil Forfeiture Procedural Fairness Medical Excuses for Non Appearance

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Parties

The Scottish Ministers

Petitioners and Respondents

Claire Rennison or Smith

Second Respondent and Reclaimer

Procedural Posture

Reclaiming Motion in Petition for Recovery Order Under Proceeds of Crime Act 2002 / Appeal (reclaiming Motion) Against Interlocutor Granting Recovery Order

Legal Issues

  1. 1 Whether the second respondent's failure to attend court should excuse her absence and allow the appeal to proceed
  2. 2 Whether the grounds of appeal raised by the second respondent are relevant or have merit

Ratio Decidendi

The court refused the appeal for want of insistence, finding the medical certificate insufficient to excuse non-appearance and the grounds of appeal irrelevant or contrary to established law.

Court Disposition

Appeal refused for want of insistence

Orders

  • Recovery order in respect of specified assets stands
  • Trustee for civil recovery appointed