Murphy v. C. (M.) [2001] IEHC 34 (13th March, 2001)

Murphy v. C. (M.) [2001] IEHC 34 (13th March, 2001)

Where the relief sought is final relief under Section 4 of the Proceeds of Crime Act, the general rules requiring delivery of a statement of claim apply, and the plaintiff must deliver a statement of claim.

Citation
[2001] IEHC 34
Parties
Plaintiff: Plaintiff; Defendant: First Named Defendant
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Interlocutory Application to Dismiss for Failure to Deliver Statement of Claim
Outcome
Order directing plaintiff to deliver a statement of claim.
Legal Topics
Statement of Claim, Dismissal for Want of Prosecution, Proceeds of Crime Act, Interlocutory Relief
Civil Procedure Statement of Claim Dismissal for Want of Prosecution Proceeds of Crime Act Interlocutory Relief

Case Brief

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Parties

Plaintiff

Plaintiff

First Named Defendant

Defendant

Procedural Posture

Plenary Summons / Interlocutory Application to Dismiss for Failure to Deliver Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff is required to deliver a statement of claim when seeking final relief under Section 4 of the Proceeds of Crime Act
  2. 2 Whether the proceedings should be dismissed for failure to deliver a statement of claim

Ratio Decidendi

Where the relief sought is final relief under Section 4 of the Proceeds of Crime Act, the general rules requiring delivery of a statement of claim apply, and the plaintiff must deliver a statement of claim.

Court Disposition

Order directing plaintiff to deliver a statement of claim.

Orders

  • Plaintiff to deliver a statement of claim.