McK. (F.) v. F. (A.) [2002] IESC 4 (30 January 2002)

McK. (F.) v. F. (A.) [2002] IESC 4 (30 January 2002)

A statement of claim must be delivered in proceedings under section 3 of the Proceeds of Crime Act 1996 commenced by plenary summons, as the section 3 order is substantive and not interlocutory in the traditional sense. The Rules of the Superior Courts apply, and there is no contrary indication in the Act to displace them.

Citation
[2002] IESC 4
Parties
Applicant: F. McK.; Respondent: A. F.; Respondent: J. F.
Jurisdiction
Ireland
Judgment Date
30 January 2002
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed to the extent of declaring that a statement of claim must be delivered; proceedings not struck out.
Legal Topics
Proceeds of Crime Act 1996, Statement of Claim Requirement, Interlocutory Orders, Plenary Summons Procedure
Civil Procedure Criminal Law Proceeds of Crime Act 1996 Statement of Claim Requirement Interlocutory Orders Plenary Summons Procedure

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Parties

F. McK.

Applicant

A. F.

Respondent

J. F.

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Is the Criminal Assets Bureau obliged to deliver a statement of claim in proceedings under section 3 of the Proceeds of Crime Act 1996?
  2. 2 Is a section 3 order truly interlocutory or substantive?
  3. 3 Do the Rules of the Superior Courts apply to these proceedings?

Ratio Decidendi

A statement of claim must be delivered in proceedings under section 3 of the Proceeds of Crime Act 1996 commenced by plenary summons, as the section 3 order is substantive and not interlocutory in the traditional sense. The Rules of the Superior Courts apply, and there is no contrary indication in the Act to displace them.

Court Disposition

Appeal allowed to the extent of declaring that a statement of claim must be delivered; proceedings not struck out.

Orders

  • Declaration that a statement of claim must be delivered.
  • Appropriate extension of time for delivery of statement of claim.