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Proceeds of crime – Prohibitory Property Order (PPO) – Recall – Meaning of 'good arguable case': Court of Session: Allowing a reclaiming motion against an Outer House judge's decision to recall two PPOs covering heritable and moveable property belonging to the respondent, the court held that the judge had applied the wrong test: the test under s 255A of the Proceeds of Crime Act 2002 was not whether the case had a 'good prospect of succeeding, with the strength and quality required to prove fraud', it was whether it was a 'good arguable' one; the focus being on arguability, not proof, and on the court's reassessment of the matter there was a good arguable case.
Proceeds of crime – Prohibitory Property Order (PPO) – Recall – Meaning of 'good arguable case': Court of Session: Allowing a reclaiming motion against an Outer House judge's decision to recall two PPOs covering heritable and moveable property belonging to the respondent, the court held that the judge had applied the wrong test: the test under s 255A of the Proceeds of Crime Act 2002 was not whether the case had a 'good prospect of succeeding, with the strength and quality required to prove fraud', it was whether it was a 'good arguable' one; the focus being on arguability, not proof, and on the court's reassessment of the matter there was a good arguable case.
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
The appointments of 96 new King’s Counsel (also known as silk) are announced today
Ready for the new way to do tax returns? David Southern KC continues his series explaining the impact on barristers. In part 2, a worked example shows the specific practicalities of adapting to the new system
Resolution of the criminal justice crisis does not lie in reheating old ideas that have been roundly rejected before, say Ed Vickers KC, Faras Baloch and Katie Bacon
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
