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14 August 2008
Issue: 7334 / Categories: Case law , Tax , Law digest
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Legal profession

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.

Issue: 7334 / Categories: Case law , Tax , Law digest
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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