In view of your legal obligations to pay him, but knowing that you are likely to be owed funds, you might, surely, safeguard your position with a Mareva injunction to freeze his assets?
I am in no way a lawyer. It's more a question than an answer. It is certainly not legal advice.
On 11 Nov 2010, at 12:17, Phil Bradshaw wrote:
> We are legally obliged to make certain payments to Mr X. These will be made in the near future to his bank account.
>
> As a result of other actions we are taking it is likely in the near future that Mr X will owe us a tidy sum of money.
>
> The police believe they will have grounds for placing a block on withdrawals from the account - if we give them details.
>
> It seems to me at first glance :
>
> 1. We can justify the action of providing bank details to the police under condition 6. 5(b) or even 5(a) might even apply on the specific facts (which I am not sharing)
>
> 2. If we do so, then until the police have done what they need we do not have to tell Mr X what we have done as to do so would defeat the object (by allowing him to withdraw funds) and is exempt from the subject information provisions by s31(1) . Again you can assume the intended action falls within a s32(2) function.
>
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