CAB v H. [2011] IESC 10 (25 March 2011)

CAB v H. [2011] IESC 10 (25 March 2011)

The Supreme Court found no error in law in the High Court's reasoning and affirmed the orders for sale and transfer of property proceeds, with modifications to protect the identities of the parties and to address specific payments to the notice party and appellant.

Citation
[2011] IESC 10
Parties
Plaintiff/respondent: Criminal Assets Bureau; First Named Defendant/notice Party/appellant: T. H.; Second Named Defendant/appellant: J. H.
Jurisdiction
Ireland
Judgment Date
25 March 2011
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Orders Under the Proceeds of Crime Act, 1996
Outcome
Appeal allowed in part and varied; High Court orders affirmed except as to identification of parties and costs.
Legal Topics
Proceeds of Crime, Asset Forfeiture, Identification of Parties, Costs
Criminal Law Civil Procedure Proceeds of Crime Asset Forfeiture Identification of Parties Costs

Case Brief

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Parties

Criminal Assets Bureau

Plaintiff/respondent

T. H.

First Named Defendant/notice Party/appellant

J. H.

Second Named Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Orders Under the Proceeds of Crime Act, 1996

Legal Issues

  1. 1 Whether the High Court erred in making orders under s.4(1) of the Proceeds of Crime Act, 1996 for sale and transfer of property proceeds to the State
  2. 2 Whether the High Court erred in refusing to discharge or vary the s.3 order under the Act
  3. 3 Whether the identities of the parties should be protected in reporting

Ratio Decidendi

The Supreme Court found no error in law in the High Court's reasoning and affirmed the orders for sale and transfer of property proceeds, with modifications to protect the identities of the parties and to address specific payments to the notice party and appellant.

Court Disposition

Appeal allowed in part and varied; High Court orders affirmed except as to identification of parties and costs.

Orders

  • Vacant possession of the property to be delivered up by 30 June 2011.
  • Notice party entitled to remove contents as per High Court order schedule.