Crown Prosecution Service v The Eastenders Group & Anor

Crown Prosecution Service v The Eastenders Group & Anor

The receiver cannot recover his remuneration and expenses from the companies' assets because the statutory conditions for the appointment of a receiver under POCA were not satisfied, and such recovery would violate Article 1 Protocol 1 ECHR. The court has no power under POCA, even when read with s.3 Human Rights Act 1998, to order the CPS to pay the receiver's remuneration and expenses. The receiver's lien over the companies' assets is not enforceable in these circumstances.

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 Central Criminal Court to Court of Appeal (criminal Division)
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Receivership, Proceeds of Crime, Restraint Orders, Remuneration of Receivers, Article 1 Protocol 1 ECHR, Statutory Interpretation
Criminal Law Human Rights Law Civil Procedure Receivership Proceeds of Crime Restraint Orders Remuneration of Receivers Article 1 Protocol 1 ECHR +1 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 Central Criminal Court to Court of Appeal (criminal Division)

Legal Issues

  1. 1 Whether a receiver appointed under s.48(2) POCA can 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 the companies' assets violates Article 1 Protocol 1 ECHR

Ratio Decidendi

The receiver cannot recover his remuneration and expenses from the companies' assets because the statutory conditions for the appointment of a receiver under POCA were not satisfied, and such recovery would violate Article 1 Protocol 1 ECHR. The court has no power under POCA, even when read with s.3 Human Rights Act 1998, to order the CPS to pay the receiver's remuneration and expenses. The receiver's lien over the companies' assets is not enforceable in these circumstances.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • The CPS's appeal against the order requiring it to pay the receiver's remuneration and expenses is allowed; the CPS is not liable to pay the receiver's remuneration and expenses.
  • The CPS's appeal against the order declining to allow the receiver to recover his remuneration and expenses from the companies' assets is dismissed; the receiver cannot recover from the companies' assets.