Murphy -v- Gilligan & Ors [2011] IEHC 464 (20 December 2011)

Murphy -v- Gilligan & Ors [2011] IEHC 464 (20 December 2011)

The Court held that a disposal order under s.4 of the Proceeds of Crime Act 1996 is not statute-barred under s.11(7)(b) of the Statute of Limitations 1957, does not constitute a penalty or forfeiture, and that the requirements of s.4 are met. The Court found no serious risk of injustice in making disposal orders, except that Tracey Gilligan is entitled to 20% of the net proceeds of sale of her property due to her contribution, and stays are appropriate to allow respondents to seek alternative accommodation.

Citation
[2011] IEHC 464
Parties
Applicant: Michael F. Murphy; Respondent: John Gilligan; Respondent: Geraldine Gilligan; Respondent: Darren Gilligan; Respondent: Tracey Gilligan
Jurisdiction
Ireland
Judgment Date
20 December 2011
Procedural Posture
Civil / Final Judgment on S.4 Application
Outcome
disposal order granted
Legal Topics
Proceeds of Crime, Statute of Limitations, Disposal Orders, Injustice, Property Rights
Criminal Law Civil Forfeiture Proceeds of Crime Statute of Limitations Disposal Orders Injustice Property Rights

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Parties

Michael F. Murphy

Applicant

John Gilligan

Respondent

Geraldine Gilligan

Respondent

Darren Gilligan

Respondent

Tracey Gilligan

Respondent

Procedural Posture

Civil / Final Judgment on S.4 Application

Legal Issues

  1. 1 Whether a disposal order under s.4 of the Proceeds of Crime Act 1996 is statute-barred under s.11(7)(b) of the Statute of Limitations 1957
  2. 2 Whether a disposal order under s.4 constitutes a penalty or forfeiture
  3. 3 Whether the making of a disposal order would cause a serious risk of injustice to any respondent

Ratio Decidendi

The Court held that a disposal order under s.4 of the Proceeds of Crime Act 1996 is not statute-barred under s.11(7)(b) of the Statute of Limitations 1957, does not constitute a penalty or forfeiture, and that the requirements of s.4 are met. The Court found no serious risk of injustice in making disposal orders, except that Tracey Gilligan is entitled to 20% of the net proceeds of sale of her property due to her contribution, and stays are appropriate to allow respondents to seek alternative accommodation.

Court Disposition

disposal order granted

Orders

  • Disposal order made for all properties listed in paragraph 3 of the judgment of 27 January 2011.
  • Property at 1, Willsbrook View, Lucan, County Dublin to be sold; 20% of net proceeds after costs to Tracey Gilligan, 80% to Minister for Public Expenditure and Reform; receiver appointed.