Revenue and Customs Prosecutions Office v Briggs-Price& Anor

Revenue and Customs Prosecutions Office v Briggs-Price& Anor

The judge's exercise of discretion to permit the release of restrained funds for legal expenses was proper and unimpeachable on the facts, as all alternative funding was exhausted, the expenses were proportionate and properly incurred, and the legislative framework and binding authority (Norris) supported the decision.

Parties
Appellant: The Revenue and Customs Prosecutions Office; 1st Respondent: Robert William Briggs-Price; 2nd Respondent: Nicholas O’Reilly
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Order Granting Release of Restrained Funds for Legal Expenses
Outcome
appeal dismissed
Legal Topics
Restraint Orders, Release of Funds for Legal Expenses, Confiscation Orders, Judicial Discretion, Public Funding Vs Private Funding
Criminal Law Proceeds of Crime Civil Procedure Restraint Orders Release of Funds for Legal Expenses Confiscation Orders Judicial Discretion Public Funding Vs Private Funding

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Parties

The Revenue and Customs Prosecutions Office

Appellant

Robert William Briggs-Price

1st Respondent

Nicholas O’Reilly

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Order Granting Release of Restrained Funds for Legal Expenses

Legal Issues

  1. 1 Whether the judge erred in granting release of restrained funds for legal expenses post-conviction when alternative public funding was or had been available
  2. 2 Whether the legislative purpose of the Drug Trafficking Act 1994 and Criminal Justice Act 1988 was properly applied
  3. 3 Whether the history of asset diminution and public policy against dissipation of assets post-conviction was properly considered

Ratio Decidendi

The judge's exercise of discretion to permit the release of restrained funds for legal expenses was proper and unimpeachable on the facts, as all alternative funding was exhausted, the expenses were proportionate and properly incurred, and the legislative framework and binding authority (Norris) supported the decision.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of Wilkie J permitting the release of restrained funds for legal expenses stands.