| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 296 (Jan) |
| Neutral Citation: | [2007] UKHL 2 |
| Court: | House of Lords |
| Judge: | Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Roger of Earlsferry, Lord Walker of Gestingthorpe and Lord Mance |
| Representation | David Perry QC, Mark Sutherland Williams and Rupert Jones (instructed by the Revenue and Customs Prosecutions Office) for the commissioners. |
| Andrew Mitchell QC and Abigail Barber (instructed by Olliers) for the respondent. | |
| Judgment Dates: | 31 January 2007 |
Catchwords
Receiver - Appointed by court - Remuneration - Receiver appointed to preserve assets of defendant who might become subject to confiscation order - Whether receiver entitled to use assets of unconvicted defendant to meet costs of receivership - .
The Case
CPR69.7 had not made a fundamental change either in the general law of receivership, or in the position of receiverships under the and other comparable statutory powers. Its provisions could not override the scheme inherent in the detailed provisions of the 1988 Act. That scheme was for the receiver's remuneration and expenses to be paid out of the receivership assets, but in a way which counted towards satisfaction of any confiscation order, and subject to the provisions of s88(2) of the Act.
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