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Capewell v Commissioners for HM Customs and Excise and Sinclair: CA 2 Dec 2004

The court approved guidelines for the appointment and remuneration of a receiver appointed under the 1988 Act.

Judges:

Lord Justice Laws Lord Justice Longmore Lord Justice Carnwath

Citations:

[2004] EWCA Civ 1628, [2005] 1 All ER 900, [2004] All ER (D) 29

Links:

Bailii

Statutes:

Criminal Justice Act 1988 77(8)

Jurisdiction:

England and Wales

Citing:

CitedHughes and Another v Commissioners of Customs and Excise etc CA 20-May-2002
N was charged with VAT fraud. He was the joint owner of a company with his brother T each holding 50% of the shares. T was never charged. A restraint and receivership order was made against N, preventing the company from dealing in any way with its . .

Cited by:

See AlsoCapewell v Customs and Excise and Another (No 2) CA 29-Jul-2005
The Commissioners had been appointed as receiver of the claimant’s assets. The receivership was later discharged, but should have been discharged earlier, the court had the power not only to calculate the level of remuneration but also who should be . .
Appeal fromCapewell v Revenue and Customs and Another HL 31-Jan-2007
The defendant appealed against an order regarding the remuneration of a receiver appointed to administer a restraint order placed on the assets of the defendant under the 1988 Act on the basis of an allegation that the defendant had been involved in . .
CitedLamb v Revenue and Customs Prosecutions Office CA 18-Mar-2010
The appellant challenged the appointment of a receiver in respect of property registered in his name, but said to be the realisable property of a man convicted of cheating the revenue. He said that he had funded the property, and that he had not . .
CitedBarnes (As Former Court Appointed Receiver) v The Eastenders Group and Another SC 8-May-2014
Costs of Wrongly Appointed Receiver
‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, Criminal Practice

Updated: 27 June 2022; Ref: scu.220220

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