Criminal Assets Bureau v Walsh (Approved) [2021] IEHC 457 (06 July 2021)

Criminal Assets Bureau v Walsh (Approved) [2021] IEHC 457 (06 July 2021)

Section 9(2) of the Civil Liability Act 1961 does not apply to proceedings under s.3(1) of the Proceeds of Crime Act 1996, as such proceedings are not causes of action surviving against the estate of a deceased person but are special statutory proceedings to determine the status of property as proceeds of crime. The property in question never formed part of the estate and remains proceeds of crime regardless of the death of the person in control.

Citation
[2021] IEHC 457
Parties
Applicant: Criminal Assets Bureau; Respondent: Marlene Walsh
Jurisdiction
Ireland
Judgment Date
06 July 2021
Procedural Posture
Proceeds of Crime Application / Judgment on Limitation Defence and Merits
Outcome
application granted
Legal Topics
Statute of Limitations, Proceeds of Crime, Estate Administration, Money Laundering, Public Law Remedies
Criminal Law Civil Procedure Proceeds of Crime Statute of Limitations Estate Administration Money Laundering Public Law Remedies

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Parties

Criminal Assets Bureau

Applicant

Marlene Walsh

Respondent

Procedural Posture

Proceeds of Crime Application / Judgment on Limitation Defence and Merits

Legal Issues

  1. 1 Whether proceedings under s.3(1) of the Proceeds of Crime Act 1996 are statute barred by s.9(2) of the Civil Liability Act 1961
  2. 2 Whether property held by the estate of a deceased person can be subject to a proceeds of crime order

Ratio Decidendi

Section 9(2) of the Civil Liability Act 1961 does not apply to proceedings under s.3(1) of the Proceeds of Crime Act 1996, as such proceedings are not causes of action surviving against the estate of a deceased person but are special statutory proceedings to determine the status of property as proceeds of crime. The property in question never formed part of the estate and remains proceeds of crime regardless of the death of the person in control.

Court Disposition

application granted

Orders

  • Order under s.3(1) of the Proceeds of Crime Act 1996 prohibiting dealing with the four items of property specified in the schedule to the originating notice of motion.