R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99
“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”
WLR Daily, 23rd April 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.