P, Re [2008] EWHC 3245 (Admin) (21 October 2008)

P, Re [2008] EWHC 3245 (Admin) (21 October 2008)

The claimant established that 2A Belgrade Road is realisable property within the meaning of section 74(1) as previously found by the trial judge, and the appointment of a management receiver is just and convenient to protect its value, given the lack of cooperation and evidence from Mr Lamb. The order is to be made...

Source-derived case information.

Citation
[2008] EWHC 3245 (Admin)
Parties
Claimant: RCPO (Crown Prosecution Service); Defendant: Mr SMP (P); Interested Party: Mr Lamb
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Application for Appointment of Management Receiver Under Criminal Justice Act 1988 / High Court (administrative Court) Hearing and Ruling on Application
Outcome
Application granted
Legal Topics
Appointment of Management Receiver, Realisable Property, Confiscation Proceedings, Restraint Orders, Costs
Criminal Law Asset Forfeiture Civil Procedure Appointment of Management Receiver Realisable Property Confiscation Proceedings Restraint Orders Costs

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Parties

RCPO (Crown Prosecution Service)

Claimant

Mr SMP (P)

Defendant

Mr Lamb

Interested Party

Procedural Posture

Application for Appointment of Management Receiver Under Criminal Justice Act 1988 / High Court (administrative Court) Hearing and Ruling on Application

Legal Issues

  1. 1 Whether 2A Belgrade Road is realisable property under section 74(1) of the 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 application should be awarded and on what basis

Ratio Decidendi

The claimant established that 2A Belgrade Road is realisable property within the meaning of section 74(1) as previously found by the trial judge, and the appointment of a management receiver is just and convenient to protect its value, given the lack of cooperation and evidence from Mr Lamb. The order is to be made without powers of sale or charge over 2A Belgrade Road unless further order of the court.

Court Disposition

Application granted

Orders

  • Appointment of a management receiver over 2A Belgrade Road and certain chattels, with no power of sale or charge over 2A Belgrade Road without further order of the court.
  • Interested party (Mr Lamb) to pay the claimant's costs on the standard basis if not agreed.