Revenue & Customs Prosecution Office, R (on the application of) v Lloyds TSB Plc [2007] EWHC 2393 (Admin) (02 October 2007)

Revenue & Customs Prosecution Office, R (on the application of) v Lloyds TSB Plc [2007] EWHC 2393 (Admin) (02 October 2007)

The transfer of funds from the specified restrained account to other accounts at the same bank, without court or prosecutorial consent, constituted a breach of the freezing order and was a contempt of court by both Lloyds TSB Plc and Mr AR, even though no actual loss or interference with justice occurred and the actions were well-intentioned.

Citation
[2007] EWHC 2393 (Admin)
Parties
Claimant: Revenue & Customs Prosecution Office; Second Defendant: Lloyds TSB Plc; First Defendant: Mr AR
Jurisdiction
England and Wales
Judgment Date
02 October 2007
Procedural Posture
Application for Committal for Contempt of Court / Judgment on Application and Costs
Outcome
Application for punishment for contempt dismissed; no penalty imposed; costs of attendance on the day awarded to Lloyds TSB Plc.
Legal Topics
Contempt of Court, Freezing Orders, Asset Restraint, Costs Orders
Criminal Law Banking Law Civil Procedure Contempt of Court Freezing Orders Asset Restraint Costs Orders

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Parties

Revenue & Customs Prosecution Office

Claimant

Lloyds TSB Plc

Second Defendant

Mr AR

First Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment on Application and Costs

Legal Issues

  1. 1 Whether the transfer of restrained funds by Lloyds TSB Plc and Mr AR constituted a breach of a court order and contempt of court
  2. 2 Whether any penalty or costs order should be imposed for the alleged contempt

Ratio Decidendi

The transfer of funds from the specified restrained account to other accounts at the same bank, without court or prosecutorial consent, constituted a breach of the freezing order and was a contempt of court by both Lloyds TSB Plc and Mr AR, even though no actual loss or interference with justice occurred and the actions were well-intentioned.

Court Disposition

Application for punishment for contempt dismissed; no penalty imposed; costs of attendance on the day awarded to Lloyds TSB Plc.

Orders

  • No order for costs against Mr AR.
  • No order for costs against Lloyds TSB Plc except costs of attendance on the day of judgment awarded to Lloyds TSB Plc.