Serious Organised Crime Agency and William and Christine Wilson
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 31 March 2009 |
| Neutral Citation | [2009] NICA 20 |
| Year | 2009 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 31 March 2009 |
1
Neutral Citation No.: [2009] NICA 20 Ref:
GIR7459
Judgment: approved by the Court for handing down Delivered:
31-03-09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN
IRELAND
________
QUEEN’S BENCH DIVISION
_________
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002
BETWEEN:
SERIOUS ORGANISED CRIME AGENCY
Plaintiff/Appellant;
-and-
WILLIAM AND CHRISTINE WILSON
Defendants/Respondents.
________
Before: Girvan LJ, Coghlin LJ and Morgan J
________
GIRVAN LJ
Introduction
[1] This appeal arises from an order made by Higgins J following civil
recovery proceedings brought under Part 5 of the Proceeds of Crime Act 2002
(“the 2002 Act”). The essential question raised in the appeal is whether that
part of the expenses and remuneration of an interim receiver appointed under
Part 5 which relate to her statutory investigation functions fall to be
categorised as part of the litigation costs of the appellant (“the Agency”)
which had been successful in the proceedings for a recovery order against the
To continue reading
Request your trial
4 cases
-
Serious Organised Crime Agency v Gale and another
...relating to the costs of the investigation, the judge followed the decision of the Northern Ireland Court of Appeal in SOCA v Wilson [2009] NICA 20; [2009] NI 28. In the instant case the Court of Appeal allowed an appeal against that refusal. In doing so, it declined to follow SOCA v Wilso......
- Scottish Ministers v Stirton
-
Serious Organised Crime Agency v Gale and another
...his investigations and report. In so holding the judge followed the judgment of the Northern Ireland Court of Appeal in SOCA v Wilson [2009] NICA 20, the correctness of which is therefore directly in issue. It is submitted on behalf of SOCA that we should depart from that decision because t......
-
JR 27’s Application
...so he remained at risk. [16] The matter has been further considered recently by the Court of Appeal in Alexander’s Application [2009] NICA 20 where the Court concluded that a challenge to an arrest on the basis that it was not ‘necessary’ 7 was a criminal cause or matter. The Court referred......