Where at a summary judgment stage it was not possible to say that a defendant was bound to be disbelieved on his contention that the source of his money was loans from friends and not unlawful conduct, there was clearly a triable issue and the Director of the Assets Recovery Agency should not have been granted summary judgment on her claim for a recovery order under the Proceeds of Crime Act 2002 s.243.

[2006] EWCA Civ 741