Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Restraint orders definition

What does Restraint orders mean? In criminal proceeds of crime practice, a restraint order is a court order that freezes assets to stop their dissipation during a criminal investigation and pending confiscation. In England and Wales it is a statutory order under the Proceeds of Crime Act 2002 (POCA 2002), section 41; broadly equivalent statutory powers apply in Scotland and Northern Ireland under other Parts of POCA. In Ireland, similar restraint orders exist under the Criminal Justice Act 1994 (criminal confiscation), while civil asset recovery uses different orders under the Proceeds of Crime Acts 1996–2016. A restraint order is usually obtained without notice on an application...

Management receivers in restraint proceedings under POCA 2002: appointment, powers, procedure, fees, variation, enforcement, discharge, costs and appeals in England and Wales

Published by a LexisNexis Corporate Crime expert

Practice notes

Appointment of a management receiver in restraint proceedings

When a restraint order is in force, the court may appoint a management receiver to administer any restrained, realisable assets belonging to the defendant. For guidance on Restraint orders, the applicable regime and the conduct of restraint proceedings, see Practice Note: Restraint orders.

Fees and terms of Engagement

The appointment is made by the court, and the receiver is required to report back to that court. Where the receiver is not an employee of the prosecuting body, fees are payable only if the court so directs and sets the basis on which the receiver is to be remunerated.

Remuneration must be reasonable and proportionate to the work undertaken, with regard to:

time committed by the receiver and their staff to the receivership
the complexity of the matter
the level of responsibility borne
the receiver’s effectiveness throughout the appointment
the nature, value and subject matter of the receivership

These principles, alongside other Recommendations, are reflected in the Capewell Guidelines, which operate as a checklist for prosecuting authorities, the courts and management receivers...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Aziz Rahman

Rahman Ravelli

Aziz Rahman is Senior Partner at Rahman Ravelli; the firm he founded in 2001. The firm has been involved in some of the century’s most high-profile white-collar crime cases and major, high-stakes global commercial and financial disputes.The firm regularly wins awards and secures successful outcomes in major cases that involve complex, cross-border or multi-jurisdictional issues, numerous enforcement agencies and significant funds. Aziz Rahman is highly ranked by legal guides and has been recognised as being among the very best when it comes to litigating in the most notable national and international high-value commercial and financial disputes and worldwide cross-border asset recovery cases....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...