Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

CRIMINAL LAW: Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645

Sep 29, 2018, 17:28 PM
Slug : gibson-v-revenue-and-customs-prosecution-office-2008-ewca-civ-645
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 17, 2008, 04:22 AM
Article ID : 86707

(Court of Appeal; May, Arden and Wall LJJ; 12 June 2008)

The husband was convicted of drug trafficking. A confiscation order made against him attributed the entire equity in the jointly owned matrimonial home to the husband. In the enforcement proceedings the wife contested this, arguing that she had a 50% claim to the equity and to endowment policies and bank accounts also held in joint names. The judge held that the wife's acquisition of an interest in the assets had not been by way of gift, because she had provided consideration by bringing up the children and looking after the home. However, the judge decided that the wife's beneficial interest in all the jointly held assets was only 12.5%, on the basis that she had known that money used to pay the mortgage was not legitimately earned, and that this guilty knowledge should be taken into account. The judge relied on two Family Division cases concerning matrimonial assets tainted by guilty knowledge, Customs v Excise Commissioners v Ai [2002] EWCA Civ 1039 and CPS v Richards [2006] EWCA Civ 849 [2006] 2 FLR 122.

The property in question had been joint names and there was nothing to displace the presumption of equal beneficial ownership; the wife had not had to rely on any illegality to establish her beneficial interest. The Drug Trafficking Act 1994 applied to gifts, but not to any interest for which consideration had been given. The Family Division cases relied on had concerned wives who were seeking to persuade the court to exercise its discretion to transfer assets that were the subject of confiscation proceedings to them, whereas this wife was not seeking any transfer in her favour, but to retain assets that she already held. The prosecution had failed to establish any public policy jurisdiction entitling the court to confiscate the wife's assets when she had not been convicted of any offence and there had been no confiscation order made against her.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from