Key Facts
- •Civil recovery claim under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (POCA).
- •Respondent (Nina Jiang) believed to have fled to China.
- •Claim concerns a house at 2 Fulwood Park Mansions, Sheffield, purchased for £125,000 and later transferred to the respondent.
- •Respondent's father, Dr Jiang, was involved in a bribery scheme with Sarclad Limited, resulting in a Deferred Prosecution Agreement.
- •Funds used to purchase the house allegedly originated from the bribery scheme and subsequent money laundering.
- •Rental income from the property is also claimed as recoverable.
Legal Principles
Summary judgment can be granted if the defendant has no real prospect of successfully defending the claim and there is no other compelling reason for a trial.
CPR 24.2
POCA allows for civil recovery of property obtained through unlawful conduct, including proceeds of crime and property into which such proceeds can be traced.
POCA, Part 5, sections 240(2), 243, 266, 304-309
Property obtained through unlawful conduct is recoverable, even if disposed of, if it can be traced to the current holder.
POCA, sections 305, 307
Unlawful conduct includes bribery and money laundering.
POCA, sections 241, 242
Outcomes
Summary judgment granted for the applicant.
The court found the respondent had no real prospect of successfully defending the claim based on the evidence presented.