M. (F.J.) v. H. (T.) [2001] IEHC 78 (29th June, 2001)

M. (F.J.) v. H. (T.) [2001] IEHC 78 (29th June, 2001)

The Proceeds of Crime Act 1996 does not violate constitutional rights to fair procedures or property. The standard of proof is the civil standard for both parties. Notice requirements were satisfied as only parties against whom the order is sought must be notified. The Court may attach conditions to orders to avoid injustice. The applicant is entitled to the orders sought, subject to hearing submissions from the Allied Irish Bank.

Citation
[2001] IEHC 78
Parties
Plaintiff: Plaintiff (unnamed); First Respondent: First Respondent (unnamed); Second Respondent: Second Respondent (father of First Respondent, unnamed)
Jurisdiction
Ireland
Procedural Posture
Application Under Proceeds of Crime Act 1996 / Judgment on Interlocutory Application and Constitutional Challenge
Outcome
Orders to be made under Section 3 of the Proceeds of Crime Act 1996, subject to hearing submissions from Allied Irish Bank.
Legal Topics
Proceeds of Crime, Burden of Proof, Fair Procedures, Notice Requirements, Property Rights
Criminal Law Constitutional Law Property Law Proceeds of Crime Burden of Proof Fair Procedures Notice Requirements Property Rights

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Parties

Plaintiff (unnamed)

Plaintiff

First Respondent (unnamed)

First Respondent

Second Respondent (father of First Respondent, unnamed)

Second Respondent

Procedural Posture

Application Under Proceeds of Crime Act 1996 / Judgment on Interlocutory Application and Constitutional Challenge

Legal Issues

  1. 1 Whether the Proceeds of Crime Act 1996 violates constitutional rights to fair procedures and property
  2. 2 Whether the burden of proof under Section 3(1) is unconstitutional
  3. 3 Whether notice requirements to successors in title and interested parties were satisfied

Ratio Decidendi

The Proceeds of Crime Act 1996 does not violate constitutional rights to fair procedures or property. The standard of proof is the civil standard for both parties. Notice requirements were satisfied as only parties against whom the order is sought must be notified. The Court may attach conditions to orders to avoid injustice. The applicant is entitled to the orders sought, subject to hearing submissions from the Allied Irish Bank.

Court Disposition

Orders to be made under Section 3 of the Proceeds of Crime Act 1996, subject to hearing submissions from Allied Irish Bank.

Orders

  • Allied Irish Bank to be put on notice and afforded an opportunity to be heard before final orders are made.
  • Applicant entitled to orders sought under Section 3 of the Proceeds of Crime Act 1996.