Restraint and Receivership

Restraint and Receivership

Restraint Orders

The 3PB Asset Forfeiture Group is able to offer extensive expertise in Restraint Order matters under the Drug Trafficking Act 1994, the Criminal Justice Act 1988 and the Proceeds of Crime Act 2002, including drafting orders and applications, court appearances, variation and discharge, appeals, repatriation orders, the rights of third parties, wives and companies, and disclosure orders.

In 2003 Judge Mark Sutherland Williams became the first Counsel to obtain a restraint order for (the then) HM Customs and Excise under the new Proceeds of Crime Act 2002, and in 2006 we obtained the first External Restraint Order under SOCPA. Other members of the unit who have experience in this area include Mathew Gullick, Charlotte Hadfield and Peter Jennings.

Receivership Matters

Members of our Group are regularly instructed to act on behalf of Receivers, licensed insolvency practitioners and Government agencies to advise on both management and enforcement receiverships.The Group's expertise goes further in that we are also able to offer a number of practitioners who specialise in pre-emptive remedies, insolvency and general receivership matters.

In 2004 Mark Sutherland Williams shared the responsibility for drafting the Court of Appeal's adopted guidelines in Capewell v Cmnrs of HM Customs and Excise and Another (CA), The Times, December 15, 2004.In 2007 Mark Sutherland Williams and Rupert Jones acted for Customs, being led in the successful appeal of Capewell to the House of Lords.

Contempt of Court Applications

If Restraint or Receivership Orders are ignored the Defendant or third party may find themselves subject to an application for committal for contempt of court. Chambers is able to offer advice and representation to both prosecuting authorities and defendants and third parties in this sometimes complicated area of the law, where the stakes can be high.

Company law and Insolvency

Restraint orders, receiverships and large scale 'missing trader carousel' frauds will often touch upon private and public companies who find themselves involved in proceedings as an interested third party or by default because of their previous dealings with a defendant firm. Dealing with receivers can often be an expensive and time-consuming job. Members of the Asset Forfeiture Group are therefore pleased to advise companies and their directors on a range of issues from discharge of court orders to insolvency matters.

Ancillary Relief and Family Law Matters

Restraint and receivership matters will often complicate and delay ancillary relief and related applications. Family lawyers must go to some lengths to advise and reassure their clients when such difficulties arise. At 3PB we have a long established and well-respected Family Law Group and we are well placed to offer advice and assistance in both fields of law where they overlap.