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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.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation