Category: forfeiture

After Freifeld, when might a tenant be refused relief from forfeiture? – Tanfield Chambers

Posted September 4th, 2015 in covenants, forfeiture, landlord & tenant, leases, news by sally

‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
Full story

Tanfield Chambers, 21st August 2015

Source: www.tanfieldchambers.co.uk

Serious Fraud Office v Saleh – WLR Daily

Posted August 26th, 2015 in estoppel, foreign jurisdictions, forfeiture, freezing injunctions, proceeds of crime, shareholders by sally

Serious Fraud Office v Saleh [2015] EWHC 2119 (QB); [2015] WLR (D) 368

‘Where the court in another jurisdiction made an order for the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the prosecuting authority in that jurisdiction, the prosecuting authority in the United Kingdom was not prevented from initiating proceedings against the proceeds of sale of those shares located within the United Kingdom.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

‘Wilful’ breach of lease not sufficient to allow landlord to terminate, court rules – OUT-LAW.com

Posted August 6th, 2015 in appeals, forfeiture, landlord & tenant, leases, news by sally

‘A tenant who “wilfully” breached the conditions of his lease by sub-letting to an obnoxious sub-tenant without the consent of the ultimate landlord should not be forced to forfeit the lease immediately, the Court of Appeal has ruled.’
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OUT-LAW.com, 5th August 2015

Source: www.out-law.com

Ending flexible tenancies – a reminder – NearlyLegal

Posted February 25th, 2015 in costs, forfeiture, housing, landlord & tenant, news by sally

‘We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather than the end of the term and non-renewal of the flexible tenancy) would be starting to happen. I haven’t seen any yet, but my local boroughs don’t have flexible tenancies.’

Full story

NearlyLegal, 24th February 2015

Source: www.nearlylegal.co.uk

Costs and forfeiture – NearlyLegal

Posted August 21st, 2014 in costs, forfeiture, landlord & tenant, news, tribunals by tracey

‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’

Full story

NearlyLegal, 21st August 2014

Source: www.nearlylegal.co.uk/blog/

Munir Farooqi case: Family home set to be seized under terrorism laws – The Independent

Posted October 1st, 2013 in appeals, assets recovery, forfeiture, housing, news, terrorism by sally

“The family home of a man convicted of attempting to recruit two undercover police officers to fight British soldiers in Afghanistan is set to become the first to be seized in the UK under terrorism laws.”

Full story

The Independent, 30th September 2013

Source: www.independent.co.uk

Keeping knives off the streets – British justice style – Halsbury’s Law Exchange

Posted June 13th, 2013 in forfeiture, legislation, news, offensive weapons, threatening behaviour by sally

“Why don’t the courts have a specific power to order forfeiture of a knife from someone convicted of carrying it in public without good reason?”

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Halsbury’s Law Exchange, 13th June 2013

Source: www.halsburyslawexchange.co.uk

Family’s ‘torture’ as they face losing home under anti-terror law – The Independent

Posted June 12th, 2013 in appeals, Crown Prosecution Service, families, forfeiture, homelessness, news, proceeds of crime, terrorism by sally

“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”

Full story

The Independent, 12th June 2013

Source: www.independent.co.uk

Not in my court – NearlyLegal

Posted June 7th, 2013 in covenants, forfeiture, housing, leases, news by tracey

“Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in favour of restricting (and possibly even abolishing) forfeiture as demonstrated by s.168, Commonhold and Leasehold Reform Act 2002. By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture) in respect of a breach of a covenant (other than one to pay rent – which is unaffected by s.146, see s.146(11); or service/administration charges, which are dealt with under s.81, Housing Act 1996), unless the breach has been admitted by the tenant or determined by a court, LVT or arbitral tribunal.”

Full story

NearlyLegal, 3rd June 2013

Source: www.nearlylegal.co.uk

Unlawful cash forfeiture: fruits of the forbidden tree – Halsbury’s Law Exchange

Posted July 12th, 2012 in forfeiture, HM Revenue & Customs, news, proceeds of crime by sally

“UKBA v Tuncel and Basbaydar [2012] EWHC 402 (Admin) is a decision of the High Court that is potentially significant in the field of cash seizure and forfeiture proceedings under Pt 5 Ch 3 of the Proceeds of Crime Act 2002.”

Full story

Halsbury’s Law Exchange, 12th July 2012

Source: www.halsburyslawexchange.co.uk

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners – WLR Daily

Posted January 25th, 2012 in appeals, customs and excise, forfeiture, law reports by sally

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners [2012] EWCA Civ 15; [2012] WLR (D) 6

“Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist in respect of goods which were under investigation.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 – legislation.gov.uk

Posted July 14th, 2011 in forfeiture, intestacy, legislation, succession, wills by tracey

Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening)

Posted August 2nd, 2010 in electoral register, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2010] UKSC 40; [2010] WLR (D) 211

“Where the Electoral Commission brought forfeiture proceedings under the Political Parties, Elections and Referendums Act 2000 against a registered political party in respect of its acceptance of an impermissible donation the court had a discretionary power under s 58(2) to order partial forfeiture of the value of the donation if, in the particular circumstances, it was proportionate to do so.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UKIP wins court case over order to pay back donation – BBC News

Posted July 30th, 2010 in appeals, forfeiture, news, political parties, Supreme Court by sally

“The UK Independence Party does not have to forfeit all of a £367,697 ‘impermissible donation’, the Supreme Court has ruled.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another – Times Law Reports

Posted March 2nd, 2010 in forfeiture, law reports by sally

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another

Court of Appeal

“Magistrates were entitled not to order the police to pay the costs of a claimant who had successfully defended a forfeiture case on the ground that the police had reasonably and properly brought the proceedings in the public interest.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted February 8th, 2010 in appeals, costs, forfeiture, law reports by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’  in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) – WLR Daily

Posted October 21st, 2009 in elections, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2009] EWCA Civ 1078; [2009] WLR (D) 299

“Once an impermissible donation had been made to a registered political party and the party had not returned it a magistrates’ court should on an application by the Electoral Commission normally exercise its discretion under section 58(2) of the Political Parties, Elections and Referendums Act 2000 to order forfeiture of an amount equal to the value of the donation.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Perinpanathan) v City of Westminster Magistrates’ Court – WLR Daily

Posted March 13th, 2009 in costs, forfeiture, law reports, magistrates by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court; [2009] WLR (D) 92

“In exercising its power under s 64(1) Magistrates’ Court Act 1980 to make ‘such order as to costs … as it thinks just and reasonable’ a magistrates’ court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had reasonably been made.”

WLR Daily, 12th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (The Electoral Commission) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 28th, 2009 in elections, forfeiture, law reports, political parties by sally

R (The Electoral Commission) v City of Westminster Magistrates’ Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24

“There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so.”

WLR Daily, 27th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal over UKIP donation ruling – BBC News

Posted January 23rd, 2009 in elections, forfeiture, news, political parties by sally

“The High Court has granted an appeal against a ruling that UKIP should forfeit only a fraction of £367,697 it received in ‘impermissible donations’.”

Full story

BBC News, 22nd January 2009

Source: www.bbc.co.uk