M. (M.F.) v. B. (M.) [1998] IEHC 174; [1999] 1 IR 122; [1999] 1 ILRM 540 (11th December, 1998)

M. (M.F.) v. B. (M.) [1998] IEHC 174; [1999] 1 IR 122; [1999] 1 ILRM 540 (11th December, 1998)

Because an ad hoc legal aid scheme exists, the applicant has not satisfied the court that it is essential to release frozen funds for legal expenses under Section 6(1)(a) of the Proceeds of Crime Act.

Citation
[1999] 1 ILRM 540
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Application Under Section 6(1)(a) of the Proceeds of Crime Act / Hearing of Application for Release of Funds for Legal Expenses
Outcome
Application refused
Legal Topics
Release of Frozen Assets, Legal Aid, Legal Expenses, Restraint Orders
Criminal Law Proceeds of Crime Release of Frozen Assets Legal Aid Legal Expenses Restraint Orders

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Application Under Section 6(1)(a) of the Proceeds of Crime Act / Hearing of Application for Release of Funds for Legal Expenses

Legal Issues

  1. 1 Whether it is essential to release frozen funds under Section 6(1)(a) of the Proceeds of Crime Act for legal expenses when an ad hoc legal aid scheme exists

Ratio Decidendi

Because an ad hoc legal aid scheme exists, the applicant has not satisfied the court that it is essential to release frozen funds for legal expenses under Section 6(1)(a) of the Proceeds of Crime Act.

Court Disposition

Application refused

Orders

  • No order for release of funds; applicant to rely on ad hoc legal aid scheme