Serious Organised Crime Agency v Szepietowski & Ors

This is my judgment on an application by the first, third and fourth defendants ("the Applicants") pursuant to section 252 of the Proceeds of Crime Act 2002 ("POCA 2002" or "the 2002 Act") for further exclusions from the interim receiving order made by Collins J on 27 July 2005 in order to enable them to meet legal expenses. The application is made by an application notice dated 3 December 2008, which first came before me together with a number of other applications on 9 and 10 December. I decided on that occasion to adjourn it until the Applicants had made and filed statements of assets as required by paragraph 7A.2 of the Practice Direction relating to Civil Recovery Proceedings which was published in CPR Update 30 in February 2003 and is to be found in volume 2 of the White Book at pp 1525ff. ("the Practice Direction"). By paragraph 6 of the order which I made on that date, and which was entered on 15 December after its detailed terms had been agreed between the lawyers on each side, I directed each of the Applicants by no later than 4 pm on 31 December 2008 to serve on the claimant, the Serious Organised Crime Agency ("SOCA"), a witness statement verified by a statement of truth containing the information specified in the second schedule to the order. I also directed that further consideration of the application should be adjourned to the first open date after 12 January 2009, with a time estimate of one day.

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