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07 August 2008 / Andrew Keogh
Issue: 7333 / Categories: Features
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Crime brief

Proceeds of crime

Revenue and Customs Prosecutions Office v Allad [2008] EWCA Crim 1741, [2008] All ER (D) 407 (Jul)

The defendant had monies on account totalling £5,000. A restraint order was made against their client’s assets and the question arose as to whether or not the defendant was entitled to the £5,000 on account of the fact that at the time the restraint order was made their fees were already in excess of that amount. It was held that the defendant was entitled to the monies.

If the monies had not been held on account of costs in client account the situation would have been different and the defendant would simply have become a creditor. It is a reminder to all solicitors to ensure monies are obtained on account, but that does raise problems for some firms who do not have a client account (common for criminal firms), those firms therefore do this type of work at great risk.
 

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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