Rezvi, Re the Criminal Justice Act 1988

Rezvi, Re the Criminal Justice Act 1988

The court has power to permit payment of legal costs from restrained assets both before and after the making of a confiscation order, including costs incurred in appealing such an order, and section 82(2) does not preclude such provision when read with section 77(2).

Parties
Defendant: Syed Raza Rezvi; Applicant: Magrath & Co; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 March 2004
Procedural Posture
Application / Post Judgment, Awaiting Further Submissions
Outcome
Further submissions invited; no final order made yet.
Legal Topics
Confiscation Orders, Legal Costs, Restraint Orders, Receivership, Priority of Debts
Criminal Law Asset Forfeiture Confiscation Orders Legal Costs Restraint Orders Receivership Priority of Debts

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Parties

Syed Raza Rezvi

Defendant

Magrath & Co

Applicant

Crown Prosecution Service

Respondent

Procedural Posture

Application / Post Judgment, Awaiting Further Submissions

Legal Issues

  1. 1 Whether the court can order payment of legal costs from restrained assets after a confiscation order
  2. 2 Interpretation of sections 77, 80, 81, 82, and 84 of the Criminal Justice Act 1988 regarding legal costs

Ratio Decidendi

The court has power to permit payment of legal costs from restrained assets both before and after the making of a confiscation order, including costs incurred in appealing such an order, and section 82(2) does not preclude such provision when read with section 77(2).

Court Disposition

Further submissions invited; no final order made yet.