UK: SHOULD CONFISCATION PROCEEDINGS PURSUANT TO POCA TAKE PRIORITY OVER A SPOUSE’S CLAIM FOR FINANCIAL REMEDIES IN THE FAMILY COURT 

In the Business Crime & Proceeds of Crime Update from 5 St Andrews Hill on 27 October, an article posed this question, which is said to be an increasingly common question, whether proceeds of crime proceedings take precedence over family law proceedings.  The article says that the one clear theme that emerges from the case law is clear, namely that neither claim should automatically be regarded as having a priority over the other. 

https://www.5sah.co.uk/knowledge-hub/articles/2021-09-15/what-happens-when-assets-are-tainted-financial-remedies-v-confiscation-proceedings-revisited-sarah-wood-for-flj.pdf

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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