Mck v. F. & Anor [2003] IEHC 631 (24 February 2003)

The Plaintiff is not required to identify specific crimes or relate property to particular crimes under the Proceeds of Crime Act 1996; the Statute of Limitations does not apply; the Act applies to crimes committed abroad; and the Plaintiff is not required to provide further particulars beyond what is legally necessary.

Citation: [2003] IEHC 631
Parties: Plaintiff: McK; Defendant: F
Jurisdiction: Ireland
Judgment Date: 24 February 2003
Procedural Posture: Civil / Interlocutory Motion to Dismiss and for Further Particulars
Outcome: Defendants' motion dismissed
Legal Topics: Proceeds of Crime, Statute of Limitations, Burden of Proof, Opinion Evidence, Jurisdiction Over Foreign Crimes, Particulars in Pleadings

Criminal Law Civil Procedure Proceeds of Crime Statute of Limitations Burden of Proof Opinion Evidence Jurisdiction Over Foreign Crimes Particulars in Pleadings

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Parties

McK

Plaintiff

Defendant

Procedural Posture

Civil / Interlocutory Motion to Dismiss and for Further Particulars

Legal Issues

1 Whether proceedings under the Proceeds of Crime Act 1996 require identification of specific crimes related to the property
2 Whether the Statute of Limitations 1957 section 11(7) applies to such proceedings
3 Whether the Act applies to crimes committed outside the State

Ratio Decidendi

Court Disposition

Defendants' motion dismissed

Orders

Refusal of Defendants' application to dismiss proceedings
Refusal of Defendants' application for further and better particulars, except as may arise upon delivery of defence