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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a civil judgement against a man who defrauded me of

Resolved Question:

I have a civil judgement against a man who defrauded me of a considerable sum of money. He has been tried in the Crown Court and pleaded guilty. I have been awarded a sum in compensation by the Crown Court, but it is less than half the amount of my civil judgement. My issue now is to pursue the difference in value of my claim. The judgement was made last year but I have held off from enforcement as I was waiting for the result of the confiscation/compensation hearing in the Crown Court.
In the transcript of the Confiscation Hearing in the Crown Court the judge ruled that he had a 50% share in a property which is registered in his wife's name at the Land Registry. The property consists of the house where they live plus several industrial units which pay rent. The property is registered solely in his wife's name. The judge ruled that his share in the property was sufficient to pay the confiscation order and the full sum of my civil judgement. At the Confiscation hearing defence counsel said my claim was "un-opposable".
My question is this. Does the ruling in the Crown Court, that he does have a 50% share in the property, establish that as fact in the County Court? It would seem absurd to me if the ruling in the Crown Court regarding ownership could be contested in the County Court. It would be very helpful to have a case to point to or a law to quote in support of my argument.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you adduced the conviction at ci
Alex Watts : civil court?
Customer:

Not sure what adduced means, but in my witness statement to the County Court I mentioned that he had pleaded guilty to 4 counts of fraud against me in the Crown Court and he was sentenced to 3 years imprisonment. I also mentioned that criminal recovery proceedings were ongoing.

Alex Watts :

Did you have the memorandum of conviction? Did the Judge refer to his previous?

Customer:

I have a letter from the Crown Prosecution Service saying he pleaded guilty to fraud in the Crown Court. I can't find the email saying what the judge remarked upon. If I can't find it, what are the implications?

Customer:

The letter from the CPS was included in the case file.

Alex Watts :

Ok - and what findings did the civil Judge make on the issue, if any?

Customer:

I don't recall he made any specific findings regarding the criminal case. He awarded my claim in full ad part of the evidence we presented to him was that there were also criminal proceedings

Alex Watts :

Ok and you say simply the Judge got it wrong?

Customer:

Sorry. The judge awarded my claim in full in the County Court last year. Given that he knew that there were criminal proceedings then I assume that was influential in his decision. I can't remember if he actually said as much, but I have asked the County Court if it is possible to get hold of a copy of the judge's comments at the end of the trial. . Since then I have held off pursuing enforcement because the criminal case was continuing and I didn't want to start enforcement of my civil claim until I knew what I would get in compensation from the Crown Court. I now know what I have been awarded in the Crown Court and I want to pursue the difference between that award and my civil claim. However, it is clear that there will be problems getting the judgement paid. My opponent said in the Crown Court that he has no assets of his own, but the judge in the Crown Court ruled that he has a 50% share in a property. His wife has said that she does not accept the Crown Court judge's ruling regarding ownership and will oppose me in the civil court. The property is registered in her sole name at the Land Registry. My question is what status does the ruling in the Crown Court regarding ownership have in the County Court? If the Crown Court ruling establishes as fact that he does have a 50% share in the property then her objection is irrelevant and enforcement will be possible. If the Crown Court ruling does not establish his share in the property as fact then it will be much harder to secure enforcement.

Customer:

I will be pursuing enforcement in the County Court

Alex Watts :

The ruling in the Crown Court has no bearing.

Alex Watts :

The County Court is more chancery and property and therefore the Judges there are more specialised to rule on such matters rather than a Crown Court Judge that simply rules on criminal matters.

Alex Watts :

So it has no bearing

Alex Watts :

can I clarify anything for you about this today please?

Customer:

So the fact the Crown Court judge ruled he does have a 50% share is irrelevant as far as the County Court is concerned.

Alex Watts :

Yes.

Alex Watts :

The Crown is dealing with criminal proceedings only

Alex Watts :

Does that clairfy?

Customer:

Not what I wanted but it does clarify. Many thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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