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.
This decision marks a significant landmark,
offering relief to spouses, partners, and relatives of defendants
who may have felt disadvantaged in Crown Court 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,
media@rainerhughes.com, https://rainerhughes.com
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SOURCE Rainer Hughes