Revenue & Customs Prosecutions Office v Stodgell

Revenue & Customs Prosecutions Office v Stodgell

In the exceptional circumstances of this case, including the need for a fair hearing, the overlap of government funds, the complexity and urgency of the proceedings, and the lack of timely legal aid decisions, the court will exercise its discretion to allow payment of the husband's legal costs for the Jafali claim (capped at £15,000 plus VAT) and the wife's maintenance and legal costs (capped at £44,000 plus VAT) from the restrained funds, but no further costs will be released from the restrained funds absent a change in circumstances.

Parties
Claimant/respondent: Revenue and Customs Prosecutions Office; Defendant/appellant: Colin Stodgell
Jurisdiction
England and Wales
Judgment Date
06 June 2008
Procedural Posture
Judicial Review / Ancillary Relief / Criminal Confiscation / Interlocutory Application for Variation of Restraint/confiscation Orders and Funding Directions
Outcome
Application granted in part
Legal Topics
Confiscation Orders, Restraint Orders, Ancillary Relief, Maintenance Pending Suit, Legal Aid, Children Act Proceedings, Third Party Claims
Criminal Law Family Law Civil Procedure Confiscation Orders Restraint Orders Ancillary Relief Maintenance Pending Suit Legal Aid +2 more

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Parties

Revenue and Customs Prosecutions Office

Claimant/respondent

Colin Stodgell

Defendant/appellant

Procedural Posture

Judicial Review / Ancillary Relief / Criminal Confiscation / Interlocutory Application for Variation of Restraint/confiscation Orders and Funding Directions

Legal Issues

  1. 1 Whether the court has discretion to allow restrained funds to be used for legal costs after crystallisation of a confiscation order
  2. 2 Whether the wife and husband can access restrained funds for legal costs and maintenance pending suit
  3. 3 Priority between confiscation orders and ancillary relief/maintenance orders

Ratio Decidendi

In the exceptional circumstances of this case, including the need for a fair hearing, the overlap of government funds, the complexity and urgency of the proceedings, and the lack of timely legal aid decisions, the court will exercise its discretion to allow payment of the husband's legal costs for the Jafali claim (capped at £15,000 plus VAT) and the wife's maintenance and legal costs (capped at £44,000 plus VAT) from the restrained funds, but no further costs will be released from the restrained funds absent a change in circumstances.

Court Disposition

Application granted in part

Orders

  • The husband's solicitors are to be paid up to £15,000 plus VAT from restrained funds for costs relating to the Jafali claim, subject to reasonableness and accounting.
  • The wife is to receive maintenance pending suit at £1,213 per month plus rent and utility bills, and a costs provision of £44,000 plus VAT from restrained funds.