McK. v D. (M.) & Ors [2003] IEHC 161 (3 March 2003)

McK. v D. (M.) & Ors [2003] IEHC 161 (3 March 2003)

The particulars already furnished by the plaintiff are sufficient to inform the defendants of the case they have to meet. The Proceeds of Crime Act 1996 does not require the plaintiff to plead or particularise specific crimes or to distinguish between assets related to different alleged crimes. Requests for evidence or for particulars beyond what is pleaded are not appropriate. The defendants are not entitled to further and better particulars.

Citation
[2003] IEHC 161
Parties
Plaintiff: Mc K; Defendant: M D; Defendant: P P; Defendant: D W; Defendant: P W
Jurisdiction
Ireland
Judgment Date
03 March 2003
Procedural Posture
Notice of Motion in Civil Proceedings Under the Proceeds of Crime Act 1996 / Interlocutory Application for Further and Better Particulars
Outcome
Application dismissed
Legal Topics
Proceeds of Crime, Pleadings, Particulars, Evidence, Asset Forfeiture
Civil Procedure Criminal Law Proceeds of Crime Pleadings Particulars Evidence Asset Forfeiture

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mc K

Plaintiff

M D

Defendant

P P

Defendant

D W

Defendant

P W

Defendant

Procedural Posture

Notice of Motion in Civil Proceedings Under the Proceeds of Crime Act 1996 / Interlocutory Application for Further and Better Particulars

Legal Issues

  1. 1 Whether the plaintiff is required to provide further and better particulars of the Statement of Claim to the defendants in proceedings under the Proceeds of Crime Act 1996
  2. 2 Whether the particulars already furnished are sufficient to enable the defendants to know the case they have to meet

Ratio Decidendi

The particulars already furnished by the plaintiff are sufficient to inform the defendants of the case they have to meet. The Proceeds of Crime Act 1996 does not require the plaintiff to plead or particularise specific crimes or to distinguish between assets related to different alleged crimes. Requests for evidence or for particulars beyond what is pleaded are not appropriate. The defendants are not entitled to further and better particulars.

Court Disposition

Application dismissed

Orders

  • The 2nd, 3rd, and 4th named defendants are not entitled to the relief sought for further and better particulars.