Third parties, criminal proceedings and access to the civil courts – Article by Mark Warwick KC

Good news for those who are not Defendants, but get caught up in Crown Court proceedings.  Contrary to the CPS arguments, the CA has now decided that POCA does not provide a complete and exhaustive code for the resolution of disputed property rights which may arise between the CPS and a third party.  Ahmet v Tatum & CPS [2024] EWCA Civ 255 establishes that the third party may still access the civil courts, even where property is the subject of criminal proceedings.

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