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OTC’s Tim Green in precedent setting cash forfeiture application in crown dependency

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In December 2015, Tim Green of Outer Temple Chambers was successful in his application to have a high value cash forfeiture heard in the Isle of Man before a related criminal investigation being undertaken in the UK and other jurisdictions had concluded.  At the heart of the case was an argument over whether related civil proceedings (the cash forfeiture) could fairly be heard whilst a related criminal was continuing.

In the the absence of clear authority on the question, the Court of Summary Jurisdiction in the Isle of Man reviewed analogous English and Manx authorities. The Court then found in a full and published judgment that civil court had a discretion to proceed where there were concurrent civil and criminal proceedings. The judgment concluded that on the facts of this particular case, the cash forfeiture could proceed.

The link to this judgment is here.


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