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In May 2010 the Court of Appeal refused the prosecution leave to appeal against a terminating ruling of the Crown Court that the defendants had no case to answer.
The facts were that the defendants were found with £227 760 in their possession. The defence claimed all the money belonged to a defendant who preferred to deal in cash because he disliked banks. He said the money came from the dissolution of a limited company which had been funded by his mother.
The claimant sought sums in relation to tax debts due payable under TMA 1970. A cash detention order was obtained and the claimant later applied for a freezing order under of the Proceeds of Crime Act 2002 s 317.
The Queen’s Bench Division ruled that claimant had satisfied the...
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