Hughes & Ors v Customs & Excise & Anor [2002] EWCA Civ 734 (20 May 2002)

Hughes & Ors v Customs & Excise & Anor [2002] EWCA Civ 734 (20 May 2002)

Receivers appointed under the Criminal Justice Act 1988 and Drug Trafficking Act 1994 are entitled to recover their remuneration and expenses from the assets under their control, including prior to the making of a confiscation order, unless the statute expressly provides otherwise. The statutory scheme is not incompatible with Article 1 of the First Protocol ECHR, and acquitted or unconvicted defendants are not entitled to compensation for receivership costs unless the strict requirements of section 89 are met.

Citation
[2002] EWCA Civ 734
Parties
Claimants/respondents: Hughes & Others; Defendant/appellant: HM Customs & Excise; Claimants/respondents: R & Another; Defendant/appellant: The Crown Prosecution Service; Claimant/respondent: Anderson
Jurisdiction
England and Wales
Judgment Date
20 May 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Conjoined Appeals From High Court (administrative Court)
Outcome
Appeals allowed
Legal Topics
Receivership, Restraint Orders, Confiscation Proceedings, Remuneration of Receivers, Compensation for Acquitted Defendants, Interpretation of Criminal Justice Act 1988, Article 1 Protocol 1 ECHR
Criminal Law Civil Procedure Human Rights Receivership Restraint Orders Confiscation Proceedings Remuneration of Receivers Compensation for Acquitted Defendants +2 more

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Parties

Hughes & Others

Claimants/respondents

HM Customs & Excise

Defendant/appellant

R & Another

Claimants/respondents

The Crown Prosecution Service

Defendant/appellant

Anderson

Claimant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Conjoined Appeals From High Court (administrative Court)

Legal Issues

  1. 1 Whether receivers appointed under the Criminal Justice Act 1988 and Drug Trafficking Act 1994 may recover their remuneration and expenses from assets under their control prior to a confiscation order
  2. 2 Whether unconvicted or acquitted defendants (or third parties) are liable for receivership costs
  3. 3 Whether the statutory scheme is compatible with Article 1 of the First Protocol ECHR

Ratio Decidendi

Receivers appointed under the Criminal Justice Act 1988 and Drug Trafficking Act 1994 are entitled to recover their remuneration and expenses from the assets under their control, including prior to the making of a confiscation order, unless the statute expressly provides otherwise. The statutory scheme is not incompatible with Article 1 of the First Protocol ECHR, and acquitted or unconvicted defendants are not entitled to compensation for receivership costs unless the strict requirements of section 89 are met.

Court Disposition

Appeals allowed

Orders

  • Receivers may recover remuneration and expenses from assets under their control unless and until a confiscation order is made.
  • Paragraphs in the orders below preventing receivers from using assets for their costs are set aside.