Whose property?

The defendant M was convicted of conspiracy to cheat the public revenue in connection with a missing trader fraud and a confiscation order was made against him. A trial was ordered of claims by third parties to property identified as the defendant’s realisable assets.

At the trial the only claim outstanding was by the third claimant L in relation to a flat. It was alleged that L was not the true owner of the flat as the defendant had supplied the funds to enable L to buy it. The judge found that the flat belonged to the defendant.

The matter proceeded to the Court of Appeal. The judge said that a dispute with a third party as to the beneficial ownership of property alleged to be realisable property had to be resolved in accordance with ordinary principles of property law unless...