Barnes v Eastenders Cash & Carry Plc & Ors [2012] EW Misc 6 (CCrimC) (04 April 2012)

Barnes v Eastenders Cash & Carry Plc & Ors [2012] EW Misc 6 (CCrimC) (04 April 2012)

It would breach Article 1 First Protocol ECHR for companies to bear ultimate burden of receiver's costs where their assets were wrongly made subject to receivership; POCA must be interpreted under section 3 Human Rights Act 1998 to permit court to order CPS to pay receiver's remuneration and expenses in such circumstances.

Citation
[2012] EW Misc 6 (CCrimC)
Parties
Applicant: Brandon Barnes; Respondent/applicant: Eastenders Cash & Carry PLC & Others; Respondent/interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Application for Receivership Remuneration and Compensation Under POCA / Post Discharge Hearing Following Court of Appeal Quashing Receivership Order
Outcome
Court orders CPS to pay receiver's remuneration and expenses; companies relieved of ultimate liability.
Legal Topics
Proceeds of Crime Act 2002, Receivership, Article 1 First Protocol ECHR, Compensation, Lien, Remuneration of Receiver
Criminal Law Human Rights Law Property Law Proceeds of Crime Act 2002 Receivership Article 1 First Protocol ECHR Compensation Lien +1 more

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Parties

Brandon Barnes

Applicant

Eastenders Cash & Carry PLC & Others

Respondent/applicant

Crown Prosecution Service

Respondent/interested Party

Procedural Posture

Application for Receivership Remuneration and Compensation Under POCA / Post Discharge Hearing Following Court of Appeal Quashing Receivership Order

Legal Issues

  1. 1 Is the receiver entitled to remuneration and expenses from assets wrongly made subject to a receivership order?
  2. 2 Do companies bear the ultimate burden for receiver's costs when their assets were not realisable property?
  3. 3 Does Article 1 of the First Protocol to the ECHR require compensation or indemnity for companies?

Ratio Decidendi

It would breach Article 1 First Protocol ECHR for companies to bear ultimate burden of receiver's costs where their assets were wrongly made subject to receivership; POCA must be interpreted under section 3 Human Rights Act 1998 to permit court to order CPS to pay receiver's remuneration and expenses in such circumstances.

Court Disposition

Court orders CPS to pay receiver's remuneration and expenses; companies relieved of ultimate liability.

Orders

  • Receiver's remuneration and expenses to be paid by CPS, not companies.
  • Companies not liable for receiver's costs incurred during receivership period.