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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.
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