Adams, Re In the matter of the Criminal Justice Act 1988 [2004] EWHC 2739 (Admin) (26 November 2004)

Adams, Re In the matter of the Criminal Justice Act 1988 [2004] EWHC 2739 (Admin) (26 November 2004)

A consultancy contract for personal services, which is summarily terminable and contingent on future performance, does not constitute realisable property for the purposes of a confiscation order under the Criminal Justice Act 1988.

Citation
[2004] EWHC 2739 (Admin)
Parties
Defendant: Christopher Adams; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
26 November 2004
Procedural Posture
Application for Certificate of Inadequacy Under Criminal Justice Act 1988 / Judgment After Hearing
Outcome
Certificate of inadequacy granted conditionally
Legal Topics
Confiscation Order, Certificate of Inadequacy, Realisable Property, After Acquired Property
Criminal Law Asset Forfeiture Confiscation Order Certificate of Inadequacy Realisable Property After Acquired Property

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Parties

Christopher Adams

Defendant

Crown Prosecution Service

Respondent

Procedural Posture

Application for Certificate of Inadequacy Under Criminal Justice Act 1988 / Judgment After Hearing

Legal Issues

  1. 1 Whether after-acquired property (consultancy contract) is realisable property for purposes of a confiscation order
  2. 2 Whether defendant is entitled to a certificate of inadequacy

Ratio Decidendi

A consultancy contract for personal services, which is summarily terminable and contingent on future performance, does not constitute realisable property for the purposes of a confiscation order under the Criminal Justice Act 1988.

Court Disposition

Certificate of inadequacy granted conditionally

Orders

  • Certificate of inadequacy to be issued to Mr Adams conditional upon completion of the sale contract and provision of specified evidence within 14 days.
  • Crown Prosecution Service may apply to the court within 14 days if evidence suggests Mrs Adams has realisable property.