R (on the application of Perinpanathan) v City of Westminster Magistrates Court and another [2010] EWCA Civ 40, [2010] All ER (D) 44 (Feb)
Court of Appeal, Civil Division, Lord Neuberger MR, Maurice Kay & Stanley Burnton LJJ, 4 February 2010
The decision in City of Bradford Metropolitan District Council v Booth [2000] All ER (D) 635 (Bradford) provides binding authority on costs applications in respect of proceedings under s 298 of the Proceeds of Crime Act 2002 (PCA 2002).
Hugo Keith QC and Nicholas Yeo (instructed by Blackstones Solicitors) for the claimant. The first defendant did not appear and was not represented. Geoffrey Nice QC and Russell Fortt (instructed by the Metropolitan Police Directorate of Legal Services) for the second defendant.
The claimant’s daughter, then aged 15, was stopped at Heathrow in April 2006. She was carrying some £150,000 in cash. The cash was detained by the police on the basis that there were reasonable grounds to suspect it was intended for use in unlawful conduct, namely terrorism. The claimant maintained that it was for her foreign exchange business. The police applied for its forfeiture
