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13.11.15

Costs in cash forfeiture proceedings

The Divisional Court had an opportunity to reconsider the question of costs following an unsuccessful application for cash forfeiture under  the Proceeds of Crime Act 2002 in the case of Kialka v Home Office [2015]. The Divisional Court restated the principle in the Perinpanathan case that the default position is that costs are not recoverable unless the conduct of the public authority in question was unreasonable.


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