Cleghorn, noter

Proceeds of crime – Confiscation order – Disposal of family home: Court of Session: In an application by an enforcement administrator seeking the disposal of a family home and decree of removal of the relevant person and his family, including the respondent (his ex-wife) and her granddaughter, an application which the respondent opposed, the court held that it did not have power in terms of s 98(3) of the Proceeds of Crime Act 2002 to make an order granting the noter authority to dispose of the property but subject to a direction that the title should be transferred to the respondent or that the proceeds of sale should be divided in a particular way; it was satisfied that the order the noter sought should be made but that it was reasonable to postpone the granting of the application for 4 months to enable the respondent and her granddaughter to secure alternative accommodation.

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