In 1992, the claimant and members of his family were made subject to restraint orders after his conviction for corruption. They now applied for discharge of the orders claiming excessive delay. Nothing had moved forward since 1996, saying hey had in any event been automatically stayed in 2000.
Held: The delay was unacceptable, and both orders were discharged.
Judges:
McCombe J
Citations:
[2007] EWHC 2874 (Admin)
Links:
Statutes:
Prevention of Corruption Act 1906 1, European Convention on Human Rights 6
Citing:
Cited – Lloyds Bowmaker Ltd v Britannia Arrow Holdings Plc CA 1988
It is the duty of a plaintiff who has obtained an interlocutory injunction to proceed to trial and not simply to sit back and rely upon the injunction until such time as the defendant moves to discharge it. The court have stressed the importance of . .
Cited – Biguzzi v Rank Leisure Plc CA 26-Jul-1999
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which . .
Cited – Annodeus Ltd and Others v Gibson and Others ChD 2-Mar-2000
The court listed relevant issues for any strike out application on the grounds of want of prosecution, including the length of delay, the degree of compliance with court rules and orders, any prejudice to the defendant, and any effect on the trial . .
Cited – Crown Prosecution Service v Bentham Admn 2003
At the trial of a substantive claim for declarations of property rights in the context of confiscation proceedings under the 1986 Act, two interested parties sought to dismissal or stay of the claims dismissed for delay. The proceedings went back to . .
Cited – Welch v United Kingdom ECHR 15-Feb-1995
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987.
Held: The concept of penalty in Article 7 was . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Human Rights
Updated: 12 July 2022; Ref: scu.261935