Wiese v UK Border Agency  EWHC 2549 (Admin)
Peters & Peters acted for businessman Christo Wiese in his successful appeal to the High Court over the forfeiture of cash he had been carrying. Overruling the decision of the City of Westminster Magistrates’ court, Mr Justice Underhill found that there was nothing in the circumstances of the case which suggested money laundering, as the UKBA had alleged. The cash and accrued interest is to be returned to Dr Wiese.
The case will have a significant impact on the way that UKBA and other agencies investigate and pursue cash forfeiture cases. The court accepted, following the decision in Carol Angus v UKBA, that an applicant for forfeiture of ‘recoverable property’ must show, on a balance of probabilities, that a person has obtained the property by or in return for some conduct, which was unlawful.
The Peters & Peters team instructed Clare Montgomery QC of Matrix Chambers.