Director of Assets Recovery Agency and William Lovell
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 22 April 2009 |
| Neutral Citation | [2009] NICA 27 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 22 April 2009 |
| Year | 2009 |
1
Neutral Citation No.: [2009] NICA 27 Ref:
KER7484
Judgment: approved by the Court for handing down Delivered:
22/04/09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
ON APPEAL FROM THE QUEEN’S BENCH DIVISION OF THE HIGH
COURT OF JUSTICE IN NORTHERN IRELAND
_________
Between:
THE DIRECTOR OF THE ASSETS RECOVERY AGENCY
Plaintiff/Respondent;
-and-
WILLIAM JOSEPH LOVELL
Defendant/Appellant.
_________
Before Kerr LCJ, Higgins LJ and Girvan LJ
_________
KERR LCJ
Introduction
[1] This is an appeal from a decision of Coghlin J making a recovery order
in relation to certain of the appellant’s property. In broad summary, three
main grounds of appeal are advanced. First, it is suggested that the judge
should have adjourned the hearing of the case against the appellant.
Secondly, it is claimed that, having reached an adverse view about the
appellant’s credibility, the judge should have recused himself from the
hearing. Finally, the appellant contends that there was insufficient evidence
to prove that the property in question had been obtained through unlawful
conduct.
Background
[2] The Police Service of Northern Ireland (PSNI) on 8 February 2004
asked the Assets Recovery Agency (ARA) to investigate whether assets held
by William Lovell were the proceeds of crime. On 23 September 2004,
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5 cases
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Suresh Deman and Queen's University Belfast
...ad hoc assessments that a judge is called on to make in the course of many forms of litigation” in Director of Assets Recovery v Lovell [2009] NICA 27 at para [23 ]. They are the very essence of the judicial function in a typical tribunal case, particularly where one of the parties has no l......
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Suresh Deman and Association of University Teachers and Officers at Queen's University (AUT)
... ... (f) The appellant alleged that his Director, Professor Moore, heard of the outcome of his ... that the tribunal was biased.” In William v. Young [2007] NICA 32, having referred to that ... , in the words of Kerr LCJ in Director of Assets Recovery Agency v. Lovell “the stuff of ... ...
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Goodwin & Ors v DRD
...Limited v Commissioners of HM Revenue and Customs [2006] EWHC 2425 (Ch); Director of the Assets Recovery Agency v Lovell [2009] NICA [2009] NICA 27; and Phipson on Evidence 17th Ed; Sweet & Maxwell. 11. In the Tribunal’s view the issue is whether it should treat the expert evidence as i......
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Serious Organised Crime Agency v Bosworth and Another
...I would contest this notion, I note the recent decision of the Court of Appeal in Northern Ireland in the case of ARA v. Lovell [2009] NICA 27… [Mr. Thompson then quoted from paragraphs 31 and 41 of the judgment] Notwithstanding my comments on Mr. Bosworth's ability to use his income derive......
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2 books & journal articles
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Mapping the contours and limits of “irresistible inference”
...RvIK[2007] EWCA Crim 491; RvAnwoir[2008]EWCA Crim 1354; Michel v The Queen [2009] UKPC 41; SOCA v Gale [2009] EWHC 1015(QB); ARA v Lovell [2009] NICA 27; RvYip[2010] EWCA Crim 1381; Isbester v R [2013]NSWCCA 230; William v R [2013] EWCA Crim 1262; RvMo[2013] NICC 25; NCA v Azam[2014] EWHC 2......
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DOES TAX EVASION GENERATE CRIMINAL PROCEEDS?
...ss 240, 242 and 243. 30 Wiese v UK Border Agency [2012] EWHC 2549 (Admin) at [42]–[43]; In the Matter of Crystal Ltd 2002 CILR 497. 31 [2009] NICA 27. 32 The Director of the Assets Recovery Agency v William Joseph Lovell [2009] NICA 27 at [32]. 33 [2009] EWHC 1015 (QB) 34 Serious Organised ......