Part 5

Civil recovery of the proceeds etc. of unlawful conduct
Chapter 2

Civil recovery in the High Court or Court of Session

Vesting and realisation of recoverable property

Associated and joint property
270
1
Sections 271 and 272 apply if the court makes a recovery order in respect of any recoverable property in a case within subsection (2) or (3).
2
A case is within this subsection if—
a
the property to which the proceedings relate includes property which is associated with the recoverable property and is specified or described in the claim form or (in Scotland) application, and
b
if the associated property is not the respondent’s property, the claim form or application has been served on the person whose property it is or the court has dispensed with service.
3
A case is within this subsection if—
a
the recoverable property belongs to joint tenants, and
b
one of the tenants is an excepted joint owner.
4
An excepted joint owner is a person who obtained the property in circumstances in which it would not be recoverable as against him; and references to the excepted joint owner’s share of the recoverable property are to so much of the recoverable property as would have been his if the joint tenancy had been severed.
5
Subsections (3) and (4) do not extend to Scotland.
S. 270(4)(5) in force (30.12.2002) by S.I. 2002/3015, art. 2, Sch.
S. 270(1)(2)(3) in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7