Sinclair v Glatt & Ors

Sinclair v Glatt & Ors

The receiver's lien for costs, expenses, and remuneration extends to all assets in which the defendant holds any interest, including bare legal title, regardless of beneficial ownership. The statutory scheme and case law support this interpretation, and third parties are only protected to the extent of procedural rights to assert their interests. There is no discretion to defer the receiver's lien pending matrimonial proceedings or to require the receiver to look to the prosecutor for costs, except in rare cases of serious fault or where Article 1 of the First Protocol ECHR applies.

Parties
Respondent: Heath Sinclair; First Appellant: Louis Glatt; Second Appellants: Executors of Estate of Chaja Glatt and Leslie Glatt; Third Appellant: Esther Glatt
Jurisdiction
England and Wales
Judgment Date
13 March 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed save for the minor issue of costs as indicated.
Legal Topics
Receivership, Confiscation Orders, Money Laundering, Third Party Rights, Costs and Expenses, Bare Legal Title
Criminal Law Civil Procedure Receivership Confiscation Orders Money Laundering Third Party Rights Costs and Expenses Bare Legal Title

Case Brief

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Parties

Heath Sinclair

Respondent

Louis Glatt

First Appellant

Executors of Estate of Chaja Glatt and Leslie Glatt

Second Appellants

Esther Glatt

Third Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Does a receiver's lien for costs, expenses, and remuneration extend to assets in which the defendant holds only a bare legal title?
  2. 2 Are third parties with beneficial interests in assets protected from the receiver's lien under the Criminal Justice Act 1988?
  3. 3 Does Article 1 of the First Protocol of the European Convention on Human Rights limit the receiver's lien over third party assets?

Ratio Decidendi

The receiver's lien for costs, expenses, and remuneration extends to all assets in which the defendant holds any interest, including bare legal title, regardless of beneficial ownership. The statutory scheme and case law support this interpretation, and third parties are only protected to the extent of procedural rights to assert their interests. There is no discretion to defer the receiver's lien pending matrimonial proceedings or to require the receiver to look to the prosecutor for costs, except in rare cases of serious fault or where Article 1 of the First Protocol ECHR applies.

Court Disposition

Appeal dismissed save for the minor issue of costs as indicated.

Orders

  • All appeals dismissed except as to the costs order relating to Revenue and Customs, which is set aside.
  • Revenue and Customs not to recover costs from any party or the receivership estate in relation to the lien issue.