Dr Anton van Dellen appeared before the Court of Appeal in a case concerning the assessment of proportionality and constructive trust principles in confiscation proceedings.
The confiscation, of almost £600,000, concerns realisable assets predominantly in the form of properties. Anton made submissions that confiscation proceedings should always consider proportionality following assessment of benefit and realisable assets and that a constructive trust in favour of the Crown automatically arises (based on AG Hong Kong v Reid) with a proprietary claim, whereby a beneficial share should be assessed.
Judgment was reserved.
Barrister on this case – Dr Anton van Dellen
Dr Anton van Dellen has experience in a wide range of defamation proceedings, ranging from pre-action advice to fully contested High Court claims and appeals up to the Court of Appeal and Supreme Court. He also has sound experience in bringing Judicial Reviews and appeals against a wide range of public authorities, challenging decisions for being unlawful, irrational and/or failing to follow published guidance. High Net Worth clients are represented by Dr Anton van Dellen in a range of litigation involving disputes over assets.
