Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another: CACD 30 Jul 2008

The solicitors had held andpound;5,000 on account of their fees for representing the defendant when he later became subject to a criminal restraint order. They wrote to the respondents saying that they intended to transfer the fees to satisfy their interim account. The respondents refused. The judge had refused to vary the order.
Held: The Revenue had accepted that they would not become entitled to the funds, but still refused to allow its transfer. No contempt of the restraint order would be created by the transfer of the funds. No variation of the order was required to allow the solicitors in this case to transfer the funds.

Judges:

Lord Justice Toulson, Mr Justice Jack and Judge Mettyear

Citations:

Times 27-Aug-2008

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Criminal Practice, Legal Professions

Updated: 04 July 2022; Ref: scu.279811