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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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