Practice and Procedure

R (on the application of ATWAL) v BARKING MAGISTRATES' COURT (2009)

PUBLISHED June 18, 2009

[2009] EWHC 3862 (Admin)

A district judge had wrongly concluded that he had no jurisdiction to entertain an abuse of process argument in relation to a civil application for forfeiture under the Proceeds of Crime Act 2002 s.298(1). However, the timing of the hearing of the abuse argument in proceedings before the magistrates' court was a case management matter for the trial judge.

QBD (Admin) (Mitting J)