The principles applicable to an interim freezing order obtained in the context of a claim under the Proceeds of Crime Act 2002 Part 5 were similar to those applicable to proprietary claims, but an allowance had to be made for the fact that any depletion of the property frozen by the order would not be recoverable from any property of a defendant that was free from any claim under the Act. In general the court should not permit a defendant who had available property that was not recoverable property to use the property that was claimed to be recoverable property to meet any of his expenditure pending trial of the claim brought under the Act.

[2005] EWHC 2726 (Admin)

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