Practice and Procedure

GALE & ORS v SERIOUS ORGANISED CRIME AGENCY (2010)

PUBLISHED July 7, 2010
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[2010] EWCA Civ 759

When making a civil recovery order in respect of certain identified assets which were said to have been acquired as a result of criminal activity, a judge was entitled under the Proceeds of Crime Act 2002 s.241(3) to decide factual issues on the balance of probabilities, rather than by application of the criminal standard of proof. Also, the purpose of Pt 5 of the 2002 Act was the seizure of property, not the conviction of any individual, and accordingly there was no reason to apply the European Convention on Human Rights 1950 art.6 under its criminal head.

CA (Civ Div) (Carnwath LJ, Toulson LJ, Aikens LJ)

07/07/2010

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