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Proceeds of crime

Civil recovery — Recovery of assets — Recovery orders — Protection of third party recipients of property obtained though unlawful conduct — National Crime Agency seeking civil recovery order — Order leaving innocent former wife of criminal without any assets — Whether wife’s Convention rights violated — Human Rights Act 1998, Sch 1, Pt II, art 1 — Proceeds of Crime Act 2002, s 266(3)

8 December 2015

Sanam v National Crime Agency [2015] EWCA Civ 1234; [2015] WLR (D) 495

CA: Sir Terence Etherton C, Patten, ChristopherClarke LJJ:

  • 2 December 2015

There was no basis for concluding that a civil recovery order obtained by the National Crime Agency pursuant to Part 5 of the Proceeds of Crime Act 2002 in respect of property derived from unlawful conduct would violate the rights of an innocent former wife of the criminal under article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though she would be left without any assets if a recovery order was made.

The Court of Appeal so held when dismissing the appeal of the second defendant, Kalsoom Sanam (formerly Kalsoom Amir), from an order of Andrews J dated 30 October 2014 by which she ordered, among other things, that two properties be vested in Jonathan McAlister of ...

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