Practice and Procedure

SERIOUS ORGANISED CRIME AGENCY v (1) TREVOR HYMANS (2) STEPHEN KEEBLE (3) JAMES THOMAS O'DOCHERTY (AKA MARK ERIC GIBBONS) (4) MANNCHERTY SL (2011)

PUBLISHED December 16, 2011
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The Serious Organised Crime Agency was entitled to civil recovery orders against individuals and a company in respect of property derived from the proceeds or profits of drug dealing and money laundering, despite the lack of criminal convictions for those offences. An acquittal in criminal proceedings did not conclusively establish that a defendant did not commit the criminal act alleged; it showed only that the evidence against him was insufficient to discharge the enhanced burden of proof, and the agency had satisfied the court that, on the balance of probabilities, the property was derived from drug dealing on a professional, sophisticated and large scale.

QBD (Kenneth Parker J) 16/12/2011
[2011] EWHC 3332 (QB)

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