Kangs Solicitors has successfully secured on behalf of our client a Third Party Interest in property in which our client resided.
Amandeep Murria of Kangs Solicitors comments upon the circumstances.
The Circumstances | Kangs Confiscation Solicitors
- Confiscation Proceedings had been commenced against our client’s relative under the Proceeds of Crime Act 2002 (‘POCA’).
- The main ‘realisable asset’ against which the Prosecution wished to secure a financial recovery was the family home (‘the property’).
- The Prosecution maintained that our client’s relative had a substantial financial interest in the property because it was registered in his sole name and the majority of the mortgage repayments had been made by him.
- Whilst the Prosecution accepted, to a limited degree, that our client was entitled to claim a Third Party Interest in the property the amount of our client’s entitlement was disputed.
Third Party Interests | Kangs POCA Advice Solicitors
In 2015, POCA was amended to allow:
- third parties to issue proceedings seeking to establish their financial interest in a property in which such an interest is alleged
- to be represented at the Confiscation Hearing
- the Court to consider representations from those seeking to enforce a Third Party Interest
- the Court to determine the validity of any such financial claim.
Any person seeking to establish a Third Party Interest has to be aware that procedural obstacles may occur where, for example, their actions prove to be disruptive to the Confiscation Proceedings or they fail to attend the Confiscation Hearing. Accordingly, it is essential that experienced legal guidance is sought before embarking upon such a course of action.
The Successful Outcome | Kangs Financial Crime Solicitors
Following detailed and extensive negotiations throughout the proceedings and powerful submissions advanced before the Court, the following outcome was achieved:
- the Court agreed our client had established a Third Party Interest in the property
- our client’s financial contribution towards the initial purchase of the property was secured
- the Court ordered that our client was entitled to an enhanced financial share of the equity in the property over and above the initial contribution.
How Can We Help? | Kangs POCA Defence Specialists
Kangs Solicitors is recognized nationally for assisting clients in POCA proceedings having been involved in some of the largest and most complex cases ever pursued by the authorities.
If you have any requirement for assistance with regard to any facet of POCA proceedings, then please do not hesitate to contact our team through any of the following: