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03 November 2011
Issue: 7488 / Categories: Legal News
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Supreme enforcement...for now

Supreme Court allows civil recovery of proceeds of unlawful conduct

Enforcement agencies can apply the civil burden of proof when pursuing action to recover the proceeds of crime, the Supreme Court ruled last week.

In Gale & Ors v SOCA [2011] UKSC 49, the Serious Organised Crime Agency (SOCA) successfully argued it could bring a civil recovery order for £2m worth of property against David Gale and his former wife Teresa, despite the fact both had been acquitted.

SOCA said the property was derived from criminal activity in the form of drug trafficking, money laundering and tax evasion.

The Gales argued that the unlawful conduct had to be proved beyond reasonable doubt rather than on the basis of balance of probabilities or their Art 6 right to a fair trial would be breached.

Mr Gale was acquitted of drugs trafficking by a Portugese court in 2000. Mrs Gale was acquitted of money laundering in a separate trial.

However, the justices held there was not a sufficient “link” between the Portugese proceedings and the English civil proceedings, and therefore there was no reason why confiscation of the
Gales’ property should not be based on the civil standard of proof.

The case is likely to go to the European Court of Human Rights as Lord Phillips remarked that
an authoritative Grand Chamber decision from Strasbourg, clarifying and rationalising this “whole confusing area” of the court’s case law was required.

Aziz Rahman, partner at Rahman Ravelli, who acted for the Gales, says: “The Supreme Court found there was not a sufficiently strong ‘link’ between the civil proceedings and the criminal case for there to be an Art 6 breach.

“The justices said the case law on this area was confusing and would benefit from further consideration. They have effectively invited us to take the case to Strasbourg, and we will be going.”

Issue: 7488 / Categories: Legal News
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Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

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Lime Solicitors announces four promotions

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?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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