Practice and Procedure

SERIOUS FRAUD OFFICE v (1) LEXI HOLDINGS PLC (In Administration) (2) M (2008)

PUBLISHED July 10, 2008

[2008] EWCA Crim 1443

The Proceeds of Crime Act 2002 s.69(2)(c) required the courts to ignore any debt owed by the restrained person to an unsecured third party creditor, so that the existence of such a debt would not empower the court to vary a restraint order unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.

CA (Crim Div) (Keene LJ, Davis J, Judge Diehl QC)