In Re P (Restraint Order) (Sale of Assets): CA 2 Aug 1999

An interim receiver under the Act was primarily appointed to preserve the assets of the defendant to prevent dissipation, and not to maximise them so as to realise greater sums for the purposes of any eventual confiscation order. He was answerable first to the court, and the court should not withdraw its control to such an extent as to decline intervention unless he could be shown to be wrong.

Citations:

Times 02-Aug-1999, Gazette 11-Aug-1999, [2000] 1 WLR 473

Statutes:

Drug Trafficking Act 1994 26

Jurisdiction:

England and Wales

Cited by:

CitedIn re X (Restraint Order: Payment out) QBD 22-Apr-2004
A restraint order had been made in respect of the defendant’s assets pending trial. Application was made to release a sum to pay the defendant’s company debts.
Held: A payment could be made only where the the realisable value of the property . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 April 2022; Ref: scu.82094