Revenue & Customs Prosecution Office, R (on the application of) v Lloyds TSB Plc

Revenue & Customs Prosecution Office, R (on the application of) v Lloyds TSB Plc

The transfer of funds from the specified account to other accounts at the same bank, without court or prosecutor consent, constituted a breach of the freezing order and was a contempt of court by both Mr R and the bank, as it amounted to 'dealing with' the asset and risked interfering with the administration of justice, regardless of good motives or lack of actual harm.

Parties
Claimant: Revenue & Customs Prosecution Office; First Defendant: R; Second Defendant: Lloyds TSB Plc
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 dismissed; no order for costs except costs of attendance for Lloyds TSB's advocate on the hearing day.
Legal Topics
Contempt of Court, Freezing Orders, Asset Restraint, Costs Orders
Criminal Law Civil Procedure Contempt of Court Freezing Orders Asset Restraint Costs Orders

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Parties

Revenue & Customs Prosecution Office

Claimant

R

First Defendant

Lloyds TSB Plc

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the transfer of funds by the bank and Mr R constituted a breach of a freezing order and contempt of court
  2. 2 Whether any penalty or costs order should be imposed

Ratio Decidendi

The transfer of funds from the specified account to other accounts at the same bank, without court or prosecutor consent, constituted a breach of the freezing order and was a contempt of court by both Mr R and the bank, as it amounted to 'dealing with' the asset and risked interfering with the administration of justice, regardless of good motives or lack of actual harm.

Court Disposition

Application for punishment dismissed; no order for costs except costs of attendance for Lloyds TSB's advocate on the hearing day.

Orders

  • No penalty imposed for contempt on either respondent.
  • No order for costs against Mr R or Lloyds TSB Plc except costs of attendance for Miss Powell and her instructing solicitors for the hearing day.