Criminal Assets Bureau v Whelan (Approved) [2023] IECA 95 (24 April 2023)

The respondent, having successfully defended the appeal, is entitled to costs as the appellant lost on all issues and made no submissions to justify departure from the default rule.

Citation: [2023] IECA 95
Parties: Applicant/respondent: Criminal Assets Bureau; Respondent/appellant: Graham Whelan
Jurisdiction: Ireland
Judgment Date: 24 April 2023
Procedural Posture: Civil Appeal / Post Judgment Costs Determination
Outcome: respondent granted costs of the appeal
Legal Topics: Costs, Appeals, Proceeds of Crime Act

Civil Procedure Costs Appeals Proceeds of Crime Act

Case Brief

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Parties

Criminal Assets Bureau

Applicant/respondent

Graham Whelan

Respondent/appellant

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

1 Entitlement to costs following unsuccessful appeal under Proceeds of Crime Act

Ratio Decidendi

The respondent, having successfully defended the appeal, is entitled to costs as the appellant lost on all issues and made no submissions to justify departure from the default rule.

Court Disposition

respondent granted costs of the appeal

Orders

respondent awarded costs against appellant