Page 1150 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

SCHEDULE 12.2 — CIVIL RECOVERY
Rule 12.73
1. Interpretation

In this Schedule –
(a) ‘the Act’ means the Proceeds of Crime Act 2008;
(b) ‘appropriate officer’ has the meaning given in section 195 of the Act;
(c) ‘civil recovery proceedings’ means proceedings under Part 1 of the Act;
(d) 'interim receiving order’ has the meaning given in section 13 of the Act;
(e) ‘management receiving order’ means an order to appoint a receiver under
section 10 of the Act;
(f) ‘property freezing order’ has the meaning given in section 6 of the Act;
(g) other expressions have the same meaning as in the Act.
2. Claim for a recovery order

(1) A claim by the Attorney General for a recovery order must be allocated to the
chancery procedure.
(2) The claim form must –
(a) identify the property in relation to which a recovery order is sought;
(b) state, in relation to each item or description of property –
(i) whether the property is alleged to be recoverable property or
associated property; and
(ii) either who is alleged to hold the property or, where the Attorney
General is unable to identify who holds the property, the steps that
have been taken to try to establish their identity;
(c) set out the matters relied upon in support of the claim; and
(d) give details of the person nominated by the Attorney General to act as trustee
for civil recovery in accordance with section 23 of the Act.
(3) The evidence in support of the claim must include the signed written consent
of the person nominated by the Attorney General to act as trustee for civil recovery if
appointed by the court.
3. Application for property freezing order or receiving order
(1) An application for a property freezing order, an interim receiving order or a
management receiving order must be made to a judge in accordance with Chapter 2 of Part 7.
(2) Rule 7.12 and Chapter 3 of Part 7 do not apply to applications for property
freezing orders, interim receiving orders and management receiving orders.
(3) The application may be made without notice in the circumstances set out in
section 6(3), 10(3) or 13(3) of the Act, as the case may be.
(4) An application for a property freezing order must be supported by written
evidence which must –
(a) set out the grounds on which the order is sought;
(b) give details of each item or description of property in respect of which the
order is sought, including an estimate of the value of the property; and

(c) state in relation to each item or description of property in respect of which the
order is sought –

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