Serious Organised Crime Agency v Perry and others (proceedings under the Proceeds of Crime Act 2002) [2009] EWHC 1960 (Admin), [2009] All ER (D) 337 (Jul)
Whether the conditions for the making of a disclosure order under the Proceeds of Crime Act 2002 existed or did not exist was essentially a question of fact, the question being whether there were “reasonable grounds for believing” that the material relied upon by the Serious Organised Crime Agency was likely to be of substantial value and that it was in the public interest that the material should be produced or that access to it should be given having regard to:
(a) the benefit likely to accrue to the civil recovery investigation if the material was obtained; and
(b) the circumstances under which the person concerned had any of the material in his possession, power or control (criteria (a) and (b)). As with any question of fact the fact-finding body was entitled to draw legitimate inferences from all the material available.
