Confiscation and commercial interests

The definition of realizable property is a nice issue across the spectrum of restraint actions as David Corker of Corker Binning Solicitors explains with reference to case law that covers corporates, trusts and personal insolvency.

Restraint orders and companies

The most significant change made by the Proceeds of Crime Act 2002 (POCA) to the pre-existing restraint order regime is the ability of criminal investigators to obtain restraint orders at any time against a person who is suspected of having committed an acquisitive crime.Any belief that these orders are intended to be used against alleged offenders only is accordingly now fallacious.These orders remain available against such persons as before but are now also available against a far wider category of any person under investigation. For this article references to persons under investigation include both of these categories.