Jackson Way Properties Ltd -v- Criminal Assets Bureau [2014] IEHC 15 (22 January 2014)

Jackson Way Properties Ltd -v- Criminal Assets Bureau [2014] IEHC 15 (22 January 2014)

The plaintiff is entitled to discovery of the requested category of documents as they are relevant and necessary for the issues in dispute; privilege or prior disclosure do not justify refusal at this stage, and the limited scope of the request means it is not oppressive.

Source-derived case information.

Citation
[2014] IEHC 15
Parties
Plaintiff: Jackson Way Properties Limited; Defendant: Criminal Assets Bureau
Jurisdiction
Ireland
Judgment Date
22 January 2014
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
Order for discovery granted
Legal Topics
Discovery of Documents, Freezing Orders, Proceeds of Crime, Damages for Wrongful Freezing, Privilege in Discovery
Civil Procedure Property Law Human Rights Discovery of Documents Freezing Orders Proceeds of Crime Damages for Wrongful Freezing Privilege in Discovery

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Summary, issues, holding and outcome

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Parties

Jackson Way Properties Limited

Plaintiff

Criminal Assets Bureau

Defendant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the plaintiff is entitled to discovery of documents relating to the defendant's decision to seek a freezing order over certain lands under s.16B(4) of the Proceeds of Crime Act 1996 (as amended)
  2. 2 Whether privilege or prior criminal disclosure precludes such discovery
  3. 3 Whether discovery would be oppressive or burdensome

Ratio Decidendi

The plaintiff is entitled to discovery of the requested category of documents as they are relevant and necessary for the issues in dispute; privilege or prior disclosure do not justify refusal at this stage, and the limited scope of the request means it is not oppressive.

Court Disposition

Order for discovery granted

Orders

  • Defendant to make discovery of all documents relating to the decision to apply for a freezing order under s.16B(4) of the Proceeds of Crime Act 1996 (as amended) in respect of the lands in Folio 4940 Co. Dublin.