Warnock and Others in the matter of the Proceeds of Crime Act 2002
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIQB 16 |
| Date | 08 March 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation no. [2005] NIQB 16 Ref:
GIRF 5221
Judgment: approved by the Court for handing down Delivered:
08/03/05
(subject to editorial corrections)
2003 No. 7
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
________
IN THE MATTER OF THE DIRECTOR OF THE CRIMINAL ASSETS
RECOVERY AGENCY
AND IN THE MATTER OF
1. THE PERSONAL REPRESENTATIVE OF STEPHEN WARNOCK,
DECEASED
2. SARAENA WARNOCK
3. SEPHEN WARNOCK (JUNIOR) (BY HIS GUARDIAN AD LITEM)
4. CLARE PATTERSON
and
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002
_______
GIRVAN J
[1] The Director of the Assets Recovery Agency brings these proceedings,
claiming that certain property vested in the estate of Stephen Warnock,
deceased (“the deceased”) is recoverable property. Under Part 5 of the
Proceeds of Crime Act 2002 (“the 2002 Act”). He seeks an order under section
267(1) of the 2002 Act that Louise Rivers be appointed trustee for civil
recovery (“the trustee”) and an order vesting recoverable property in the
trustee. This appears to be the first such substantive application brought in
this jurisdiction.
[2] The property, the subject of the application, is described in paragraph 1
of the originating summons issued on 6 July 2004 thus:
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1 cases
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R (the Director of the Assets Recovery Agency) v Green
...the Walsh case on appeal to the Court of Appeal in Northern Ireland (2005) NICA 6, and The Director of Assets Recovery Agency v Warnock [2005] NIQB 16. Whilst those cases are useful by way of background, the courts were not being asked to consider the questions raised by the preliminary iss......
2 books & journal articles
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Civil recovery proceedings under the Proceeds of Crime Act 2002. The experience so far
...Agency v. The Personal Representative of Stephen Warnock, Deceased,Saraena Warnock, Stephen Warnock (Junior), and Clare Patterson (2005) NIQB 16.4. ARA Seeks Drug Dealer’s Assets, press release, Assets Recovery Agency, 1 April 2005.5. ARA Seeks Assets Of Murdered Drug Dealer, press release,......
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Counter Terrorism Financing
...[2000] 1 IR 522.139 See omas Murphy v Ireland [2014] IESC 19.140 J. Johnston ( e Independen t, 25November 2004, p 2 8); Re Warnock [2005] NIQB 16; J. Gray, ( e Daily Telegraph, 16Januar y 2007, p 8); Re Armstrong [2007] NIQB 20; R v S houkri and others [2 007] NICC 44; Re Aiden Grew [......