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Restraint Order Discharge Success Leads to Costs Award

Updated: Jul 5, 2022




Oxfordshire County Council prosecuted JM for the sale of illegal cigarettes. Confiscation Proceedings followed his conviction. In the course of those proceedings the Prosecution applied for an ex parte (without notice) Restraint Order, not only restricting JM’s assets, but others associated with him. Following submissions, Oxford Crown Court held that the application for the Restraint Order made “inexcusable misrepresentations”, and that the Court had been "inadvertently misled". It further held that the Prosecution had failed in its duty of candour and that there was no risk of dissipation.


The Restraint Order was discharged and significant Costs were directed to be paid by the Local Authority.


In the Confiscation Proceedings, Imran Khan and Partners reached an agreement that JM’s benefit was that of £100,000, down over 90% from the Prosecution’s initial asserted benefit of £1,177,310.29.


Our James O’Hara was instructed, together with Christopher Convey of 33 Chancery Lane.


James can be contacted at jameso@ikpsolicitors.com or on 07739327158.

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