A court assessing the ability of a defendant to pay a fine may not take into account the defendant’s possible entitlement under a discretionary trust. Such an approach was unlawful.
Citations:
Times 20-Jan-1998, [1997] EWHC Admin 1029, [1997] EWHC Admin 1054, [1999] 1 WLR 334
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Marketmaker Technology (Beijing) Co Ltd and Others v CMC Group Plc and Others QBD 24-Jun-2009
The claimants sought the committal of the fourth defendant for contempt having broken his undertaking to the court to provide details of his means.
Held: The terms of the undertaking were not ambiguous and could not be read in the way . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 14 October 2022; Ref: scu.137999
