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Proceeds of crime – Restraint order. A restraining order was made under the Proceeds of Crime Act 2002 and a receiver was appointed to a group of companies, but the orders were subsequently set aside. The Supreme Court held that although as a matter of domestic law the setting aside of the receiver's appointment did not retrospectively affect his entitlement to be paid out of those assets for his proper remuneration and expenses during the period of the receivership, on the facts of the case there was no good arguable case to do so. It further held that as there had been a total failure of consideration for the basis of the appointment of the receivers', the CPS were the parties required to pay the fees.
Proceeds of crime – Restraint order. A restraining order was made under the Proceeds of Crime Act 2002 and a receiver was appointed to a group of companies, but the orders were subsequently set aside. The Supreme Court held that although as a matter of domestic law the setting aside of the receiver's appointment did not retrospectively affect his entitlement to be paid out of those assets for his proper remuneration and expenses during the period of the receivership, on the facts of the case there was no good arguable case to do so. It further held that as there had been a total failure of consideration for the basis of the appointment of the receivers', the CPS were the parties required to pay the fees.
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Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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