G, Re [2001] EWHC Admin 606 (30th July, 2001)

G, Re [2001] EWHC Admin 606 (30th July, 2001)

A restraint order under the Criminal Justice Act 1988 may properly apply to jointly held property and to companies controlled by the defendant, provided the order is properly drafted to name and serve all affected parties, includes provisions for living and legal expenses, and avoids inappropriate references such as 'lifting the corporate veil' in the operative text. The order must be clear, specific, and comply with procedural requirements for service and exceptions.

Citation
[2001] EWHC Admin 606
Parties
Applicant: HM Customs and Excise; Defendant: Mr G; Affected Party: Mrs G; Affected Party: G Ltd
Jurisdiction
England and Wales
Procedural Posture
Application for Restraint Order Under Criminal Justice Act 1988 / Ex Parte (without Notice) Application; Judgment on Terms of Order
Outcome
Restraint order granted with modifications
Legal Topics
Restraint Orders, Realisable Property, Corporate Veil, Joint Property, Service of Orders
Criminal Law Civil Procedure Restraint Orders Realisable Property Corporate Veil Joint Property Service of Orders

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Parties

HM Customs and Excise

Applicant

Mr G

Defendant

Mrs G

Affected Party

G Ltd

Affected Party

Procedural Posture

Application for Restraint Order Under Criminal Justice Act 1988 / Ex Parte (without Notice) Application; Judgment on Terms of Order

Legal Issues

  1. 1 Whether restraint order can and should apply to assets held jointly with defendant's wife
  2. 2 Whether restraint order can and should apply to assets of company controlled by defendant
  3. 3 Proper parties to be named and served in restraint order applications

Ratio Decidendi

A restraint order under the Criminal Justice Act 1988 may properly apply to jointly held property and to companies controlled by the defendant, provided the order is properly drafted to name and serve all affected parties, includes provisions for living and legal expenses, and avoids inappropriate references such as 'lifting the corporate veil' in the operative text. The order must be clear, specific, and comply with procedural requirements for service and exceptions.

Court Disposition

Restraint order granted with modifications

Orders

  • Order to restrain defendant, his wife, and G Ltd from dealing with specified assets, subject to provisions for living and legal expenses and proper service on all affected parties.
  • Order not to restrain G Fuels as a separate entity, as it is not a legal person.