Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)

Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)

The majority held that allowing the receiver to recover his remuneration and expenses from Eastenders' assets, when those assets were never 'realisable property' under POCA, would violate Eastenders' rights under Article 1 Protocol 1 ECHR. The court interpreted POCA, via s.3 Human Rights Act 1998, as empowering the court to order the CPS to pay the receiver's remuneration and expenses in such circumstances. The orders of Underhill J requiring the CPS to pay were upheld.

Citation
[2012] EWCA Crim 2436
Parties
Applicant: The Crown Prosecution Service; 1st Respondent: The Eastenders Group; 2nd Respondent: Brandon Barnes (as former Court Appointed Receiver)
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Criminal Appeal / Appeal From Orders of the Central Criminal Court Regarding Payment of Receiver's Remuneration and Costs After Quashing of Receivership Order
Outcome
Appeal dismissed (majority); orders requiring CPS to pay receiver's remuneration and expenses upheld
Legal Topics
Receivership, Restraint Orders, Remuneration of Receivers, Article 1 Protocol 1 ECHR, Interpretation of POCA, Judicial Review, Compensation for Wrongful Restraint
Criminal Law Proceeds of Crime Human Rights Receivership Restraint Orders Remuneration of Receivers Article 1 Protocol 1 ECHR Interpretation of POCA +2 more

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Parties

The Crown Prosecution Service

Applicant

The Eastenders Group

1st Respondent

Brandon Barnes (as former Court Appointed Receiver)

2nd Respondent

Procedural Posture

Criminal Appeal / Appeal From Orders of the Central Criminal Court Regarding Payment of Receiver's Remuneration and Costs After Quashing of Receivership Order

Legal Issues

  1. 1 Whether a receiver appointed under POCA is entitled to recover remuneration and expenses from assets later found not to be 'realisable property'
  2. 2 Whether the Crown Prosecution Service can be ordered to pay the receiver's remuneration and expenses
  3. 3 Whether recovery from Eastenders' assets would violate Article 1 Protocol 1 ECHR

Ratio Decidendi

The majority held that allowing the receiver to recover his remuneration and expenses from Eastenders' assets, when those assets were never 'realisable property' under POCA, would violate Eastenders' rights under Article 1 Protocol 1 ECHR. The court interpreted POCA, via s.3 Human Rights Act 1998, as empowering the court to order the CPS to pay the receiver's remuneration and expenses in such circumstances. The orders of Underhill J requiring the CPS to pay were upheld.

Court Disposition

Appeal dismissed (majority); orders requiring CPS to pay receiver's remuneration and expenses upheld

Orders

  • CPS to pay the receiver's remuneration and outstanding legal costs of the receivership
  • CPS to make interim payments in respect of both receiver's remuneration and legal costs