Senior Master’s Practice Note

Further guidance on the case management approach to be adopted in Civil Recovery claims under the Proceeds of Crime Act 2002 came into force on 3 May 2016.

The Note recognises that Civil Recovery brought under the Part 8 procedure may be transferred to Part 7 where facts are disputed but that in many cases the wholesale adoption of Part 7 procedures may be too cumbersome.

The Practice Note provides a middle way by requiring the enforcement authority to consider seeking initial directions either on the papers or at a hearing and providing the Court and parties with draft points of claim and directions for service of Points of Claim, Defence and Reply, such that the Court may be better informed as to the appropriate Procedure to adopt.

Click here to go to the Civil Recovery Proceedings Practice Direction page.