(1)Proceedings for a recovery order may be taken by the enforcement authority in the High Court against any person who the authority thinks holds recoverable property.
(2)The enforcement authority must serve the claim form—
(a)on the respondent, and
(b)unless the court dispenses with service, on any other person who the authority thinks holds any associated property which the authority wishes to be subject to a recovery order,
wherever domiciled, resident or present.
(3)If any property which the enforcement authority wishes to be subject to a recovery order is not specified in the claim form it must be described in the form in general terms; and the form must state whether it is alleged to be recoverable property or associated property.
(4)The references above to the claim form include the particulars of claim, where they are served subsequently.
(5)Nothing in sections 245A to 255 limits any power of the court apart from those sections to grant interim relief in connection with proceedings (including prospective proceedings) under this Chapter.
Cases considering section 243 32
[2012] UKSC 35 · 25 July 2012Interprets
Section 243 allows service of the Part 5 claim form on the holder of identified property wherever that person is domiciled, resident or present. The provision is consistent with proceedings based on property located within the court’s jurisdiction; it does not support a worldwide recovery jurisdiction (see paras [39]; [65]-[71]; [79]).
[2011] EWCA Civ 578 · 18 May 2011
Section 243(1) permits recovery proceedings in the High Court against a person whom the enforcement authority thinks holds recoverable property (see paras [29]-[30]).
Section 243(2) requires service on the respondent and relevant associated-property holders wherever domiciled, resident or present. It supports service outside the jurisdiction in recovery proceedings (see paras [29]-[30]; [166]-[172]).
[2010] EWCA Civ 907 · 29 July 2010
Section 243 was referred to as permitting recovery proceedings against persons wherever resident, domiciled or present. (see para [74])
Section 243(2) requires proceedings to be served on respondents and interested persons wherever domiciled, resident or present. The majority treated this as evidence that Part 5 contemplates extra-territorial operation. (see paras [7]; [13]; [74])
12 more judgments, and what each says about section 243, are in the
case-law panel in the full Act.
297.Section 243 explains where court proceedings for civil recovery in England, Wales and Northern Ireland are to take place and how they are to be initiated.
298.Under subsection (1) the enforcement authority (for England, Wales and Northern Ireland this means the Director of the ARA – see section 316(1)) may take proceedings against any person who he thinks holds recoverable property. ‘Recoverable property’ is property that has been obtained through unlawful conduct or property that represents such property. Detailed provisions regarding recoverable property are set out at sections 304 to 310 and sections 305 to 307 define what is meant by representative property. Civil recovery proceedings are to take place in the High Court.
299.As with normal civil procedure, the High Court will issue a claim form in respect of the property at the request of the enforcement authority. Under subsection (2), the enforcement authority must serve the claim form on the person who it thinks holds the recoverable property (the respondent) and, unless the court dispenses with service, on any person who holds associated property which the enforcement authority wishes to be subject to a recovery action. Holding property includes holding an interest in property – see section 316(5) to (7). Associated property is defined in section 245 and the circumstances in which it may be the subject of a recovery order are set out in sections 270-272. Under subsection (3) the claim form must either specify the property to which it relates or describe it in general terms, and state whether it is alleged to be recoverable property or associated property.