Criminal Assets Bureau v. H. (S.) & Anor [2002] IEHC 141 (25 January 2002)

Criminal Assets Bureau v. H. (S.) & Anor [2002] IEHC 141 (25 January 2002)

The Criminal Assets Bureau, as a statutory corporation, possesses the incidental power to execute judgments in its own name, including for revenue liabilities, and statutory provisions require proceedings and execution to be in the Bureau's name where the officer is a bureau officer; the defendants' argument based on statutory limits fails.

Citation
[2002] IEHC 141
Parties
Plaintiff: Criminal Assets Bureau; Defendant: S. H; Defendant: R. H
Jurisdiction
Ireland
Judgment Date
25 January 2002
Procedural Posture
Civil / Post Judgment Application to Set Aside Garnishee Order and for Stay of Execution
Outcome
application refused
Legal Topics
Garnishee Orders, Statutory Powers of Corporations, Execution of Judgments, Taxation of Costs
Civil Procedure Statutory Interpretation Tax Law Garnishee Orders Statutory Powers of Corporations Execution of Judgments Taxation of Costs

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Parties

Criminal Assets Bureau

Plaintiff

S. H

Defendant

R. H

Defendant

Procedural Posture

Civil / Post Judgment Application to Set Aside Garnishee Order and for Stay of Execution

Legal Issues

  1. 1 Whether the Criminal Assets Bureau has statutory power to execute a judgment in its own name for revenue liabilities unrelated to criminal activity
  2. 2 Whether execution should be stayed until defendants' costs are paid out of attached assets

Ratio Decidendi

The Criminal Assets Bureau, as a statutory corporation, possesses the incidental power to execute judgments in its own name, including for revenue liabilities, and statutory provisions require proceedings and execution to be in the Bureau's name where the officer is a bureau officer; the defendants' argument based on statutory limits fails.

Court Disposition

application refused

Orders

  • Refusal to set aside garnishee order
  • Refusal to stay execution unless costs are taxed; if requested by plaintiff, court will order taxation of costs on solicitor and client basis and allow execution to proceed upon undertaking to discharge taxed costs