What does restraint order mean? In practice, a restraint order freezes a suspect’s or defendant’s realisable property to preserve assets for potential confiscation, compensation or forfeiture, by prohibiting any dealing with the property. It commonly applies to all realisable assets (including those held via third parties or abroad), subject to limited allowances for reasonable living and legal expenses. In England & Wales and Northern Ireland, restraint orders are statutory under the Proceeds of Crime Act 2002 (POCA). They are usually obtained by prosecutors or investigators from the criminal courts, often without notice, pre‑ or post‑charge, where an investigation has begun and there are reasonable grounds to...
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This Practice Note sets out what a limited civil restraint order (LCRO) is and the situations in which the court will make one under CPR 2.3 and CPR PD 3C. It outlines the impact of these orders and the ramifications of any non-compliance. It also indicates who may issue a LCRO and the criteria for doing so. Read this alongside Practice Note: Civil Restraint orders, which provides general guidance on civil restraint orders (CROs) applicable across all forms of CRO. See also Practice Notes: Extended civil restraint orders, General civil restraint orders, and Civil proceedings orders against vexatious litigants for details of other measures available against vexatious litigants.
A LCRO can be made by a judge of any court where a party has brought two or more applications that are totally without merit (CPR PD 3C, para 2.1). Once in place, it bars that party from issuing further applications within the same proceedings without first obtaining the court’s permission (CPR PD 3C, para 2.2). An example of a LCRO is attached to CPR...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...