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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Crown Prosecution Service v Iqbal [2022] EWHC 1204 (Admin) (19 May 2022) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2022/1204.html Cite as: [2022] EWHC 1204 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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CROWN PROSECUTION SERVICE |
Claimant |
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– and – |
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RAJA PARVEZ IQBAL |
Defendant |
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The Defendant appeared in person and by a McKenzie Friend
Hearing date: 18 May 2022
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Crown Copyright ©
Mr Justice Calver:
(A) INTRODUCTION
(B) FACTUAL BACKGROUND
i) £4,239.54 held in an Aviva Premier Savings Plan with the policy number 548302999, held in the joint names of the Defendant and Mrs Nasreen Khan ("Aviva Premier Savings Plan");ii) 50% of the equitable share of 14 Carwood Road, Sheffield, S4 7SD with title number SYK654830 which is held jointly by the Defendant and Mrs Iqbal ("the Property"); and
iii) £200 held in a Halifax bank account with sort code 11-06-89 and account number 01049288 in the sole name of the Defendant ("Halifax Account").
(C) THE LEGAL FRAMEWORK
"the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased)..." (section 16(2)).
(D) THE PARTIES' SUBMISSIONS
(1) Aviva Premier Savings Plan
(2) The property
(i) Joint tenancy
"This was a purchase by Mr and Mrs Iqbal of the council property in which they were living… Our instructions were that the property was to be held in the joint ownership of Mr and Mrs Iqbal. The balance of the purchase monies amounted to £17,832.20 and were provided by the clients on 5 September 2017. Both parties quoted an account with Lloyds Bank, account number 13146268, sort code 30-97-51 from Lloyds branch at High Street, Sheffield. The loan was completed on 20 September 2017 and the monies provided in advance of completion of the purchase which was effected on 18 September 2017. We enclose herewith copies of the relevant documentation. The final document is an extract from the transfer from Sheffield City Council signed by the parties where Mr and Mrs Iqbal agree they hold the property jointly in equal shares." (emphasis added)
"1. (26.10.2017) PROPRIETOR: KHATIJA NAWAZ IQBAL and RAJA PARVEZ IQBAL of 14 Carwood Road, Sheffield S4 7SD.
2 (26.10.2017) The price stated to have been paid on 18 September 2017 was £47,000".
i) An undated Landlord's Offer Notice (dating, it would seem, from around early to mid 2017) refers to both the Defendant and Mrs Iqbal as tenants with the right to buy the freehold of the Property.ii) A letter from LCF Residential (the firm which dealt with the conveyancing of the Property and who was instructed to act on behalf of the Defendant and Mrs Iqbal) dated 17 March 2017 is addressed to both the Defendant and Mrs Iqbal and refers to their purchase.
iii) An instruction questionnaire dated 28 March 2017 includes both the Defendant and Mrs Iqbal as the buyers of the Property and is signed by both of them. This document also refers to £15,000 of the purchase monies being provided by way of gifts from three different relatives.
iv) A form of authorities dated 28 March 2017 is similarly signed by both the Defendant and Mrs Iqbal.
v) A letter from LCF Residential dated 5 May 2017 to the Defendant and Mrs Iqbal encloses a Joint Tenants form and a Joint Ownership form. The author of the letter states that "it is extremely important that I know how you would like your ownership to be registered at Land Registry".
vi) Mr. Mohammed Saddiq Khan wrote to the Defendant on 19 June 2017 confirming that he agreed to lend the Defendant £30,000 in order to purchase the Property. The Defendant then wrote to Lloyd's Bank to set up a standing order from his account of £250 per month in loan repayments, with effect from 4 October 2017. A letter from the Defendant and Mrs Iqbal dated 19 June 2017 to LCF Residential refers to the Defendant's unsuccessful attempts to obtain a mortgage and informs it that Mr. Mohammed Saddiq Khan has "has agreed to loan me the balance that I require". The Defendant then asks LCF Residential to complete the transfer into the joint names of the Defendant and Mrs Iqbal.
(ii) Market value
(3) Halifax Account
(E) CONCLUSION
Note 1 A letter from Mr Mohammed Saddiq Khan dated 19 June 2017 to the Defendant similarly states that the Defendant does not need to register a charge on the Property in respect of the “personal loan”. It is therefore clear that this constitutes an unsecured loan as opposed to a mortgage. This is also confirmed in the letter dated 21 December 2021 from LCF Residential.
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