QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
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Mr O Pownall QC (instructed by Creed Lane Law Group) appeared on behalf of the Respondent
Mr Kelly appeared on behalf of the Intervener
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Upon hearing counsel for the applicant, the respondent and the intervener, Mr Gerrard Peacock, it is ordered that
1. A receiver is appointed in the terms of the draft order commencing at page 248 of the hearing bundle, save for the deletion of paragraphs (b) at page 249, and paragraph 2 at page 256.
2. The receiver shall not without leave of the court, take any step to enforce a sale of the properties listed in the order, before Monday 22nd February 2010. I shall make a declaration that the respondent has a 50 per cent beneficial interest in each of the six properties listed in the order, and had a 50 per cent interest in the property at 6 Virgina Garden, Great Sankey, Warrington.
"I have, as I must, considered the case of each separately. In fact the same considerations apply to both men. I am entirely satisfied that they have lied to the Court, and have [set] out quite deliberately to deceive the Court and others as to the truth as to their financial affairs and assets."
"For the reasons I have given your Lordships can decide both the issues that arise on this appeal without addressing the question whether the confiscation scheme established by the 1996 Order does or does not permit an increase in the realisable amount judged to be obtainable from a defendant's assets, and thus an increase in the amount that a confiscation order can order the defendant to pay, to be based on the value of assets not acquired by the defendant until after the confiscation order was made. This question is both important and difficult and should, in my opinion, be left to be addressed in a case where, on the facts of the case, it needs to be answered."
An observation to similar effect by Lord Bingham was made in the case of May.