Criminal Assets Bureau v Saunders & Anor (Unapproved) [2024] IECA 61 (20 March 2024)

Criminal Assets Bureau v Saunders & Anor (Unapproved) [2024] IECA 61 (20 March 2024)

The Bureau was entirely successful in the appeal and no special circumstances or conduct justify departure from the general rule that costs follow the event. Legal aid status does not affect entitlement to costs under the relevant statutes.

Citation
[2024] IECA 61
Parties
Applicant/respondent: The Criminal Assets Bureau; Respondent/appellant: Stefan Saunders; Respondent/appellant: Tammy Saunders
Jurisdiction
Ireland
Judgment Date
20 March 2024
Procedural Posture
Appeal / Costs Ruling Post Appeal
Outcome
Costs awarded to the Criminal Assets Bureau
Legal Topics
Costs, Legal Aid, Proceeds of Crime
Civil Procedure Criminal Asset Forfeiture Costs Legal Aid Proceeds of Crime

Case Brief

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Parties

The Criminal Assets Bureau

Applicant/respondent

Stefan Saunders

Respondent/appellant

Tammy Saunders

Respondent/appellant

Procedural Posture

Appeal / Costs Ruling Post Appeal

Legal Issues

  1. 1 Whether costs should be awarded against legally aided appellants in a civil asset forfeiture appeal
  2. 2 Whether any special circumstances justify departure from the general rule that costs follow the event

Ratio Decidendi

The Bureau was entirely successful in the appeal and no special circumstances or conduct justify departure from the general rule that costs follow the event. Legal aid status does not affect entitlement to costs under the relevant statutes.

Court Disposition

Costs awarded to the Criminal Assets Bureau

Orders

  • The Criminal Assets Bureau is entitled to the costs of the appeal