Commissioners of Customs and Excise v Norris
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE McCOWAN,LORD JUSTICE LEGGATT |
| Judgment Date | 06 March 1991 |
| Judgment citation (vLex) | [1991] EWCA Civ J0226-2 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | 91/0111 |
| Date | 06 March 1991 |
[1991] EWCA Civ J0226-2
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR. JUSTICE MACPHERSON)
Royal Courts of Justice
The Master of the Rolls
(Lord Donaldson)
Lord Justice McCowan
Lord Justice Leggatt
91/0111
MR. G. HULME (instructed by Messrs. Hughmans) appeared for the Appellant (Defendant).
MR. MARTIN FIELD and MR. MUKUL CHAWLA (instructed by the Solicitor for H. M. Customs & Excise) appeared for the Respondents (Plaintiffs).
This appeal is from the refusal of Mr. Justice Macpherson to vary a restraint order made under the Drug Trafficking Offences Act 1986 in order to enable Mr. Norris to fund an appeal against his conviction for drugs offences and against a confiscation order made at the conclusion of his trial. The confiscation order was for a very large sum, namely £715,748.99 pence. The sentence was also a long one. He was sentenced to nine years imprisonment with an additional consecutive sentence of five years in default of complying with the confiscation order.
A restraint order, in my judgment, is analogous to a Mareva injunction and similar considerations apply when the court is considering whether sums ought to be released for specific purposes. Like a Mareva, it can operate in two distinct stages: prior to judgment when funds are being frozen against the possibility of a judgment; and post judgment when funds are being frozen to enable execution to take place. "Execution" is, of course, an inappropriate word to use in the context of a criminal trial, but the principle remains the same, that a restraint order is made pending a possible conviction and, upon the conviction taking place, a confiscation order being made. But, if leave to appeal against conviction is given, there is the obvious possibility that both the restraint order and the confiscation order will fall away if the appeal is successful.
The principal argument advanced by Mr. Field, who has appeared for the Customs and Excise, is founded upon section 13(2) of the Act, which reads as follows:
"Subject to the following provisions of this section, the powers shall be exercised with a view to making available for satisfying the 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."
He...
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Asset Recovery Agency v Yowo Senhi Morle and Others
...can be granted provided the defendant makes the case. An identical decision was made in the earlier case of Customs and Excise v Norris [1991] 2 All ER 395 [1991] 2 All ER 395. 33 [33] Having established that opposition to a variation cannot rest on the basis put forward by Mrs Watson Bonne......
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Re S
...maintained in order that it may be available to satisfy any confiscation order. 13 The case of Customs and Excise Commissioners v Norris (1991) 2 QB 293 was also concerned with section 13(2) of the Drug Trafficking Offences Act 1986. A confiscation order had been made against Mr Norris but ......
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R v Briggs-Price
...the renewed application and the brief fee payable to junior counsel on the application itself. Customs and Excise Commissioners v Norris [1991] 2 QB 293 ( Norris) 28 In giving permission to appeal, Laws LJ commented that “ Norris may present formidable difficulties for the appellant”. As M......
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M.F.M. v W.J.B. (Proceeds of Crime)
...was essential to make the order for the purpose of enabling a respondent to discharge his legal expenses. Customs & Excise v. NorrisELR [1991] 2 Q.B. 293 and D.P.P. v. KunzUNK 115 A.L.R. 197 considered. Obiter dictum: Should a respondent be successful, any technical difficulties in the cour......