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High Court appeal of Circuit Court forfeiture application was final and binding on DPP

By: Ciaran Joyce BL

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High Court declares that a High Court judgment dismissing a forfeiture application arising from the seizure of cash in the amount of €210,000 was final and that the Circuit Court had no jurisdiction to state a case to the Court of Appeal on the same issues, on the grounds that the question of whether the forfeiture application had been made within the two year time-limit was res judicata by the High Court decision and was binding on the Director of Public Prosecutions.

Forfeiture application – judicial review – principle of res judicata and the hierarchy of the courts – seizure of cash in the amount of €210,000 – Section 39 of the Criminal Justice Act 1994 (as amended by the Proceeds of Crime Act 2005) – whether the Circuit Court has jurisdiction to state a case to the Court of Appeal – Order 69 of the Circuit Court Rules – section 37 of the Courts of Justice Act 1936 – jurisdiction to state a case – section 16 of the Courts of Justice Act 1947 – rule in Henderson v. Henderson – this is not a case in which relief should be refused as a matter of discretion – declaration that the effect of the judgment and order of the High Court was to dismiss the forfeiture application pursuant to section 39 of the Criminal Justice Act 1994 (as amended) in its entirety – reliefs sought granted

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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