[2007] EWCA Civ 686

A confiscation order made under the Drug Trafficking Act 1994 remained enforceable, notwithstanding that a sentence of imprisonment in default had been served, because the court was giving effect to the provisions of primary legislation despite its exercise of discretion to enforce the order being contrary to the offender's rights under the European Convention on Human Rights 1950 Art.7(1).

CA (Civ Div) (Chadwick LJ, Dyson LJ, Thomas LJ)

05/07/2007