Ready Rentals Ltd v Ahmed & Anor

Ready Rentals Ltd v Ahmed & Anor

A restraint order should be made against Mr Ahmed as the statutory requirements under POCA are met and delay does not bar the order. Ready Rentals Limited has an equitable charge over the money in court to the extent of £11,898.50 (costs ordered to be paid forthwith), and this sum should be paid out to its solicitors. The remainder of the fund remains subject to the restraint order. The agreed consent order for equal division cannot be endorsed due to the Crown's position and the need for a restraint order. Mr Ahmed's possible lack of capacity does not prevent the making of the restraint order or the payment out of the £11,898.50, but implementation of the payment is delayed to allow for...

Parties
Claimant: Ready Rentals Limited (in liquidation); First Defendant/applicant/respondent: Kaamran Ahmed; Second Defendant: Aref Zakari; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Civil and Criminal (restraint Order Application) / Judgment on Application for Restraint Order and Payment Out of Funds in Court
Outcome
Restraint order granted against Mr Ahmed; partial payment out to Ready Rentals Limited ordered
Legal Topics
Restraint Orders, Proceeds of Crime, Equitable Interests in Funds, Delay in Prosecution, Insolvency and Liquidation, Protected Parties
Criminal Law Civil Procedure Insolvency Law Restraint Orders Proceeds of Crime Equitable Interests in Funds Delay in Prosecution Insolvency and Liquidation +1 more

Case Brief

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Parties

Ready Rentals Limited (in liquidation)

Claimant

Kaamran Ahmed

First Defendant/applicant/respondent

Aref Zakari

Second Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Civil and Criminal (restraint Order Application) / Judgment on Application for Restraint Order and Payment Out of Funds in Court

Legal Issues

  1. 1 Whether a restraint order should be made against Mr Ahmed under the Proceeds of Crime Act 2002 (POCA) in respect of money paid into court
  2. 2 Whether delay by the Crown bars the making of a restraint order
  3. 3 Whether Ready Rentals Limited has an 'interest' in the money in court within the meaning of section 69(3)(a) POCA

Ratio Decidendi

A restraint order should be made against Mr Ahmed as the statutory requirements under POCA are met and delay does not bar the order. Ready Rentals Limited has an equitable charge over the money in court to the extent of £11,898.50 (costs ordered to be paid forthwith), and this sum should be paid out to its solicitors. The remainder of the fund remains subject to the restraint order. The agreed consent order for equal division cannot be endorsed due to the Crown's position and the need for a restraint order. Mr Ahmed's possible lack of capacity does not prevent the making of the restraint order or the payment out of the £11,898.50, but implementation of the payment is delayed to allow for...

Court Disposition

Restraint order granted against Mr Ahmed; partial payment out to Ready Rentals Limited ordered

Orders

  • A restraint order is made against Mr Ahmed extending to his interest in the money in court.
  • £11,898.50 to be paid out to Ready Rentals Limited's solicitors, regardless of Mr Ahmed's capacity.