Civil recovery under POCA 2002—procedure
Civil recovery under POCA 2002—procedure

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Civil recovery under POCA 2002—procedure
  • Procedural Rules
  • CRO claims—procedure
  • Contents of the claim form
  • Applications for interim orders
  • Requirement to give reasons
  • Variation and set off
  • Payments of living and legal expenses
  • Responding to a civil recovery application
  • Summary judgment in civil recovery proceedings
  • More...

Procedural Rules

This Practice Note covers the process and procedure for making and resisting applications for a civil recovery order (CRO), a property freezing order (PFO) or an interim receiving order (IRO) in the High Court. For further information on these orders and the basis on which they can be obtained, see Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.

The applicable procedure is set out in the following documents:

  1. Civil Recovery Proceedings (RSC Order 115) Practice Direction—Civil Recovery Proceedings

  2. Senior Master Practice Note 15 April 2016: POCA Civil Recovery Claims under CPR Part 8, Civil Recovery Proceedings Practice Direction: Civil Court News CCN 2 (13)

Applications for PFOs or IROs (interim orders) must be made to the Administrative Court of the High Court. A claim for a CRO must be started in the Central Office of the Queen's Bench Division (QBD). If a CRO application follows the applications for the interim orders, the interim order applications will be transferred to the QBD by the Administrative Court. There is no limitation on the power of the High Court to transfer claims or applications between the two courts.

The limitation period on civil recovery claims is 12 years.

CRO claims—procedure

An application for a civil recovery order must be made using the Part 8 procedure (alternative procedure for claims) under the CPR, see Practice Note: CPR Part 8 claims

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