Scottish Ministers v Buchanan & Ors [2006] ScotCS CSOH_121 (04 August 2006)

Scottish Ministers v Buchanan & Ors [2006] ScotCS CSOH_121 (04 August 2006)

The court refused leave to amend pleadings to introduce a devolution issue, holding that civil recovery proceedings under the Proceeds of Crime Act 2002 are not criminal and the balance of probabilities standard is appropriate. The respondents failed to provide sufficiently specified alternative explanations for the sources of targeted property, except for certain minor amendments allowed for proof. The petitioners' financial analysis and linkage between unlawful conduct and property are sufficient for the purposes of the Act.

Citation
[2006] ScotCS CSOH_121
Parties
Petitioner: Scottish Ministers; Respondents: Marie Buchanan and Others
Jurisdiction
Scotland
Judgment Date
04 August 2006
Procedural Posture
Civil Petition for Recovery Order / Post Preliminary Proof, Amendment of Pleadings
Outcome
Leave to amend pleadings to introduce a devolution issue refused; certain minor amendments allowed for proof; case to be put out by order for adjustment and further procedure.
Legal Topics
Proceeds of Crime, Standard of Proof, Devolution Issue, Property Tracing, Burden of Proof, Compatibility With ECHR
Criminal Law Civil Recovery Human Rights Proceeds of Crime Standard of Proof Devolution Issue Property Tracing Burden of Proof +1 more

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Parties

Scottish Ministers

Petitioner

Marie Buchanan and Others

Respondents

Procedural Posture

Civil Petition for Recovery Order / Post Preliminary Proof, Amendment of Pleadings

Legal Issues

  1. 1 Whether proceedings under the Proceeds of Crime Act 2002 are criminal in character and require proof beyond reasonable doubt
  2. 2 Whether the respondents can amend pleadings to introduce a devolution issue
  3. 3 Whether the property targeted is recoverable under the Act and sufficiently linked to unlawful conduct

Ratio Decidendi

The court refused leave to amend pleadings to introduce a devolution issue, holding that civil recovery proceedings under the Proceeds of Crime Act 2002 are not criminal and the balance of probabilities standard is appropriate. The respondents failed to provide sufficiently specified alternative explanations for the sources of targeted property, except for certain minor amendments allowed for proof. The petitioners' financial analysis and linkage between unlawful conduct and property are sufficient for the purposes of the Act.

Court Disposition

Leave to amend pleadings to introduce a devolution issue refused; certain minor amendments allowed for proof; case to be put out by order for adjustment and further procedure.

Orders

  • Respondents refused leave to amend pleadings to introduce devolution issue.
  • Certain minor amendments allowed for proof regarding gifts and loans.