Application was made for the variation of a restraint order made under the 2002 Act to enable payment to be made to a judgment creditor in advance of any confiscation order being made, or indeed before any criminal charges had even been preferred. The court considered the potential impact of a confiscation order on the rights of secured and unsecured creditors.
Held: The phrase ‘with a view to in section 82 is no more than ‘a steer’ and the court stressed the degree of ‘elasticity’ inherent in it.
[2008] EWCA Crim 1443, Times 18-Aug-2008, [2009] Bus LR 647, [2009] 1 All ER 586, [2008] Lloyd’s Rep FC 489, [2008] BPIR 1598, [2009] 1 Cr App R 23, [2009] QB 376, [2009] 2 WLR 905
Bailii
Criminal Justice Act 1988 82
England and Wales
Cited by:
Cited – Stodgell v Stodgell FD FD 18-Jul-2008
The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the . .
Cited – Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad CACD 30-Jul-2008
The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen . .
These lists may be incomplete.
Updated: 01 July 2021; Ref: scu.270623 br>