[2009] CSIH 34

A reclaiming motion against a grant of recovery order fell to be refused where it could not be said that the proceedings were sufficiently linked to earlier criminal proceedings against the reclaimer as to make European Convention on Human Rights 1950 art.6(2) applicable and the averments made in the original petition could not be said to necessarily amount to an assertion of guilt of a particular offence.

IH (Ex Div) (Lord Kingarth, Lord Carloway, Temporary Judge Sir D Edward QC)

01/05/2009