Practice and Procedure

LMB (IN HER CAPACITY AS ENFORCEMENT RECEIVER OF EN) (Claimant/Respondent) v EN (Defendant) & (1) MA (2) JS (Applicants/Third Parties) (2009)

PUBLISHED November 13, 2009

[2009] EWHC 2884 (Admin)

In relation to the court's power under the Criminal Justice Act 1988 s.80(4) to "order any person having possession of realisable property to give possession of it" to a receiver, the words "any person" could not be extended to cover tenants protected by contract and/or statute as clearer language would be required to expropriate a property right and in particular to do so without compensation to the tenants.

QBD (Admin) (James Goudie QC)