QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
(Sitting as a Deputy High Court Judge)
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(Official Shorthand Writers to the Court)
Mr Simon Perhar (instructed by Avetoom & Co) appeared on behalf of the Defendant
Crown Copyright ©
"In this part of this Act realisable property means, subject to subsection (2) below [which does not apply in this case]
(a) any property held by the defendant; and
(b) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this part of this Act."
Section 102(7) says this:
"Property is held by any person if he holds any interest in it."
"with a view to allowing any person or recipient of any such gift to retain or recover the value of any property held by him."
So it is clear that if a receiver is appointed any interest that Mr Lamb has in the property is protected.
"The power should be exercised with a view to making available for satisfying the confiscation order, or, as the case may be, any confiscation order that may be made in the defendant's case, the value for the time being of realisable property held by any person by the realisation of such property."
The general test for appointing a receiver is whether such appointment would be just and convenient.