P, Re

P, Re

The trial judge's finding that 2A Belgrade Road is realisable property held by the defendant stands; the claimant has established the necessary grounds for appointment of a management receiver; the appointment is just and convenient given the lack of evidence from Mr Lamb and risk to property value.

Parties
Defendant: Mr P; Claimant: RCPO; Interested Party: Mr Lamb
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Application / Judgment
Outcome
Application granted
Legal Topics
Management Receiver, Realisable Property, Confiscation Order, Restraint Order, Beneficial Ownership, Costs
Criminal Law Property Law Management Receiver Realisable Property Confiscation Order Restraint Order Beneficial Ownership Costs

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Parties

Mr P

Defendant

RCPO

Claimant

Mr Lamb

Interested Party

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether 2A Belgrade Road is realisable property under section 74(1) Criminal Justice Act 1988
  2. 2 Whether a management receiver should be appointed over 2A Belgrade Road and certain chattels
  3. 3 Whether the costs of the receiver are proportionate and justified

Ratio Decidendi

The trial judge's finding that 2A Belgrade Road is realisable property held by the defendant stands; the claimant has established the necessary grounds for appointment of a management receiver; the appointment is just and convenient given the lack of evidence from Mr Lamb and risk to property value.

Court Disposition

Application granted

Orders

  • Appointment of a management receiver over 2A Belgrade Road and specified chattels
  • No power of sale or charge over 2A Belgrade Road without further order of the court