THE CLASH OF CRIMINAL CONFISCATION LAW AND FAMILY LAW CONCERNING INTER-SPOUSAL TRANSFERS OF ASSETS

Corker Bining on 9th July published a briefing that says that the judgment of the Court of Appeal in R v Hayes is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.  The case concerned a house in Surrey which a Mr and Mrs Hayes purchased it for £1.2 million in late 2011.  It was transferred into their joint names and they both made a declaration of trust stating that they held it as joint tenants.  The article compares the treatment that would have applied in the event of a divorce, and that in confiscation proceedings following Mt Hayes’ conviction – with the prosecution attempting to show the house was a “tainted gift”.

https://www.corkerbinning.com/stand-by-your-man-the-clash-of-criminal-law-and-family-law-concerning-inter-spousal-transfers-of-assets/

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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