Subjects: LAW, RLE
Rainer Hughes' Appeal Successfully Secures Civil Court Access for Property Ownership Disputes Amidst Criminal Court Proceedings
UK Firm, Rainer Hughes' Expertise Shines New Light for Third Parties in Crown Court Proceedings
LONDON, May 2, 2024 /PRNewswire-PRWeb/ -- London, May 1st, 2024 - In a landmark ruling with far-reaching implications for third parties in Crown Court proceedings, UK-based legal firm Rainer Hughes has played a pivotal role. The Court of Appeal has reasserted the rights of third parties, dismissing a claim brought forth by Ms. A as an abuse of process. This case has raised important questions about property ownership under the Proceeds of Crime Act 2002 (POCA) and whether such matters should be litigated in the Crown Court or civil proceedings.
The appeal involves the ownership of a farmhouse, a property registered under the name of Mr. T, with Ms. A claiming a beneficial interest. Despite the property being transferred solely to Mr. T in 2019, Ms. A maintains her continued beneficial interest. Following the arrest of Mr. T and who was charged with class A drug-related offenses and money laundering, a restraint order was issued on the property and a joint Barclays account held with Ms. A.
The ruling, originating from the case of Ahmet v Tatum & CPS [2024] EWCA Civ 255, marks a significant shift in the legal landscape. Rainer Hughes' role in challenging the CPS's traditional stance and establishing this critical precedent underscores their expertise and commitment to justice and fairness. This development enables third parties to assert their rights beyond the conventional boundaries of Crown Court proceedings.
Sanjay Panesar, Senior Partner at Rainer Hughes, commented, "Rainer Hughes is immensely proud to have spearheaded this historic legal victory, which marks a significant stride towards a more accessible and equitable justice system. This ruling reinforces the principles of fairness and due process."
Historically, the CPS maintained a rigid stance, compelling third parties to contest property ownership issues within the Crown Court. However, the decision in Ms. A's case, led by Rainer Hughes, debunked this notion, affirming that third parties are not bound by the limitations of POCA (Proceeds of Crime Act 2002).
Rainer Hughes' strategic legal expertise was instrumental in navigating the complexities of the case, securing a favorable outcome for their client. By advocating for the rights of third parties to access civil proceedings in property disputes, Rainer Hughes has set a precedent for a fairer and more accessible legal landscape.
Judge Newey LJ, confirmed in his judgement, "There is no rule barring a third party from seeking to have the ownership of property relevant to confiscation proceedings determined by a civil court, even where the issue is between the third party and the prosecutor."
Sanjay Panesar added, "This decision offers relief to spouses, partners, and relatives of defendants who may have felt disadvantaged in Crown Court proceedings. Going forward, third parties can leverage civil proceedings to assert their property rights, ensuring a fair and equitable resolution to their claims."
The entire judgment can be accessed here - https://www.bailii.org/ew/cases/EWCA/Civ/2024/255.html
Media Contact
Sanjay Panesar, Rainer Hughes, 44 1277 226 644, [email protected], https://rainerhughes.com
SOURCE Rainer Hughes
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