Scottish Ministers v Rennison or Smith [2010] ScotCS CSOH_10 (28 January 2010)

Scottish Ministers v Rennison or Smith [2010] ScotCS CSOH_10 (28 January 2010)

There was no evidence or pleading to support repayment by the Scottish Ministers to the respondent for mortgage payments from legitimate income; therefore, the recovery order was granted without such a condition.

Citation
[2010] ScotCS CSOH_10
Parties
Petitioners: Scottish Ministers; Respondent: Claire Rennison or Smith
Jurisdiction
Scotland
Judgment Date
28 January 2010
Procedural Posture
Petition for Recovery Order Under Proceeds of Crime Act 2002 / Final Judgment on Recovery Order and Ancillary Matters
Outcome
Petition granted; recovery order made in respect of the entire property; expenses awarded to petitioners.
Legal Topics
Proceeds of Crime, Recovery Orders, Mortgage Repayments, Legitimate Income
Criminal Law Civil Recovery Proceeds of Crime Recovery Orders Mortgage Repayments Legitimate Income

Case Brief

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Parties

Scottish Ministers

Petitioners

Claire Rennison or Smith

Respondent

Procedural Posture

Petition for Recovery Order Under Proceeds of Crime Act 2002 / Final Judgment on Recovery Order and Ancillary Matters

Legal Issues

  1. 1 Whether the recovery order should be subject to a condition requiring repayment by the Scottish Ministers to the respondent for mortgage payments made from legitimate income

Ratio Decidendi

There was no evidence or pleading to support repayment by the Scottish Ministers to the respondent for mortgage payments from legitimate income; therefore, the recovery order was granted without such a condition.

Court Disposition

Petition granted; recovery order made in respect of the entire property; expenses awarded to petitioners.

Orders

  • Recovery order granted for entire property listed in the schedule.
  • Award of expenses in favour of the petitioners.