Revenue and Customs Prosecutions Office v Allad [2008] EWCA Crim 1741, [2008] All ER (D) 407 (Jul)
The solicitors’ client was suspected of VAT evasion. The Revenue and Customs Prosecutions Office (RCPO) obtained a restraint order (under s 41 of the Proceeds of Crime Act 2002) restraining him from disposing of his assets.
He had paid £5,000 to the solicitors on account of their fees. The solicitors, who had done work worth in excess of the £5,000, wanted to transfer the money out of the client account.
HELD The purpose of a criminal restraint order, as with a civil freezing order, is not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by any order which may be made against the defendant at the end of the proceedings.
The solicitors were entitled to take the course proposed without committing any contempt of court. They should notify RCPO in advance, in case there was any challenge to the size or propriety of their bill, but no variation to the restraint order was required in order to enable them to utilise the money in payment of their fees.
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