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14 December 2012
Issue: 7542 / Categories: Case law , Law digest , Criminal , In Court
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Proceeds of crime

Executive Jet Support Ltd v Serious Organised Crime Agency [2012] EWHC 2737 (QB), [2012] All ER (D) 40 (Dec)

Section 314(4) provided the test to determine whether it would be wrong to forfeit the recoverable property in the hands of an innocent party. The test was whether the innocent party’s consideration had become executed consideration; if it had not, then the innocent party would not be permitted to retain the proceeds of unlawful conduct which he had received but he would retain his consideration. If the innocent party’s consideration had become executed, the innocent party was permitted to retain the proceeds of unlawful conduct. Parliament intended that those applications could be made in summary proceedings. Parliament used language which was neither arcane nor obscure to define the circumstances in which recoverable property ceased to be recoverable. It followed that the protection to the innocent purchaser of the value was only provided when the contract has been completed and issues of economic loss on the part of the innocent purchaser were irrelevant.

Section 314(4) had to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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