The defendant had obtained money by fraud and used it to purchase property, which then increased in value.
Held: The police did not have any right based on the increase in value to found a claim for an injunction to prevent the defendant dealing with the money. The court referred to statutory provisions conferring powers on criminal courts in respect of suspected proceeds of crime: ‘The recent and detailed interventions of Parliament in this field suggest that the courts should not indulge in parallel creativity by the extension of general common law principles.’
Judges:
Hoffmann J
Citations:
[1989] 1 WLR 20, [1988] 3 All ER 1015
Jurisdiction:
England and Wales
Cited by:
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 December 2022; Ref: scu.199728