M. (M.F.) v. C. (M.) [2000] IEHC 109; [2001] 2 IR 385 (19th December, 2000)

M. (M.F.) v. C. (M.) [2000] IEHC 109; [2001] 2 IR 385 (19th December, 2000)

The applicant is entitled to a freezing order and the appointment of a receiver to manage (but not dispose of) the property, as both orders can be made in a single application. The gross value of the property exceeds £10,000, satisfying the statutory threshold. The constitutional challenge based on the European Convention on Human Rights fails as the Convention is not part of Irish law or the Constitution, and Article 29(3) does not confer individual rights or amend the Constitution.

Citation
[2001] 2 IR 385
Parties
Applicant: Applicant (Assistant Commissioner M.); Respondent: First Defendant; Respondent: Second Defendant; Respondent: Third Defendant; Respondent: Fourth Defendant
Jurisdiction
Ireland
Procedural Posture
Interlocutory Application Under Proceeds of Crime Act 1996 / Hearing and Ruling on Application for Freezing Order and Appointment of Receiver
Outcome
Application granted in part
Legal Topics
Proceeds of Crime, Freezing Orders, Appointment of Receiver, Human Rights, Interpretation of Constitution
Criminal Law Constitutional Law Property Law Proceeds of Crime Freezing Orders Appointment of Receiver Human Rights Interpretation of Constitution

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Parties

Applicant (Assistant Commissioner M.)

Applicant

First Defendant

Respondent

Second Defendant

Respondent

Third Defendant

Respondent

Fourth Defendant

Respondent

Procedural Posture

Interlocutory Application Under Proceeds of Crime Act 1996 / Hearing and Ruling on Application for Freezing Order and Appointment of Receiver

Legal Issues

  1. 1 Whether a receiver can be appointed at the interlocutory stage under Section 7(1) of the Proceeds of Crime Act 1996
  2. 2 Whether the property threshold of £10,000 is met
  3. 3 Whether the value to be considered is the equity or the gross value of the property

Ratio Decidendi

The applicant is entitled to a freezing order and the appointment of a receiver to manage (but not dispose of) the property, as both orders can be made in a single application. The gross value of the property exceeds £10,000, satisfying the statutory threshold. The constitutional challenge based on the European Convention on Human Rights fails as the Convention is not part of Irish law or the Constitution, and Article 29(3) does not confer individual rights or amend the Constitution.

Court Disposition

Application granted in part

Orders

  • Freezing order made under Section 3 of the Proceeds of Crime Act 1996 prohibiting the defendant from disposing of or dealing with the property at W. R., Finglas, Dublin 11.
  • Receiver appointed to manage the property for the purpose of receiving rents pending final determination.