Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 4General

Interpretation

314 Obtaining and disposing of property

1

References to a person disposing of his property include a reference—

a

to his disposing of a part of it, or

b

to his granting an interest in it,

(or to both); and references to the property disposed of are to any property obtained on the disposal.

2

A person who makes a payment to another is to be treated as making a disposal of his property to the other, whatever form the payment takes.

3

Where a person’s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other.

4

A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration.