The Scottish Ministers v. Claire Rennison or Smith [2010] CSIH 44

Reclaiming Motion:- In the action the petitioners sought a recovery order under the Proceeds of Crime Act 2002. The first respondent was Lee Smith and the second respondent was his wife. In August 2006 the first respondent died and the second respondent opposed the petition for recovery as a party litigant. The petitioners sought recovery of four properties in Glasgow, including the former matrimonial home, the contents of three bank accounts held by the interim administrator and an insurance policy. The basis of the petition against the second respondent was that between 1997 and 2004 the second respondent received income and acquired assets with funds for which there was no legitimate source. Here the second respondent reclaimed against the interlocuter pronounced by Lord Bracadale on 28 January 2010. When the reclaiming hearing called the reclaimer failed to appear and a letter purporting to be from a doctor was tendered to the court which stated:- “…This 36 year old lady attended the surgery today for assessment of a health condition. In my professional opinion I consider her medically unfit to attend Court on Tuesday the 18^th May and I would be grateful if you could take this into consideration." Here the court considered the failure of the reclaimer to attend court and also the relevancy of her grounds of appeal which related to findings Lord Bracadale made on the evidence and that a criminal charge and conviction were prerequisites to any civil confiscation of property and assets.