I hope that your lawyers are taking a point on Article 1 of Protocol 1 to the European Convention on Human Rights: the operation of section 88 in your case is a disproportionate interference with your property rights. The argument should be that section 88 has to be read down so as to ensure compliance with Article 1. See R v A [2001] 2 WLR 1546 and R v Lambert [2001] 3 WLR 206.
Last edited by FNG; 24th Apr 2002 at 06:20.