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On appeal from: [2010] EWCA Civ 759

The main issue in this appeal was whether an order to recover property from the appellants under the Proceeds of Crime Act 2002, Pt 5 had breached their right to a fair trial under the ECHR, art 6, as it was made on the basis that the court was satisfied the property was derived from criminal activity on the balance of probabilities. The Supreme Court unanimously dismissed the appeal, stating that the criminal standard of proof was not required for confiscation, and that the English court was entitled to consider evidence which formed the basis of a previous charge against the appellants in Portugal as there was no link between the proceedings. In addition, the appellants should bear the costs of the report made by the Interim Receiver in connection with the recovery proceedings against them under POCA, s 246.

For judgment, please download: [2011] UKSC 49
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII