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Revenue Commissioners refused garnishee order where family law proceedings are ongoing

By: James Cross BL

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High Court refuses to grant the Revenue Commissioners a garnishee order against a judgment debtor who became entitled to monies on foot the settlement of defamation proceedings, on the grounds that Circuit Court family law proceedings involving the judgement debtor and his former wife are ongoing, and the Circuit Court made orders that monies received in the defamation proceedings be held by his solicitor and not dissipated until the family law matters are determined; and it is therefore not correct to say that the debt is unclouded by any interest by a third party.

Revenue – motion seeking a garnishee order - family law proceedings – in 2012 Circuit Court made orders affirming settlement between the married couple - notice of re-entry in 2015 - arrears owing on the maintenance order – Circuit Court ordered that monies received in his defamation proceedings against a newspaper to be held by husband’s solicitor and not dissipated until matter determined - defamation proceedings were settled between the parties - became entitled to payment of a sum of money – debt arising from Circuit Court order remains outstanding – husband is a judgment debtor of the Revenue Commissioners for substantial amounts of money owing - following on the settlement of the defamation proceedings, the Revenue Commissioners have come seeking a garnishee order which would enable the payment of the settlement monies to them - reasons why the garnishee order now sought of it should be refused – discretionary relief - debt sought to be attached should not belong to a third person and that no third person has an interest in it - Circuit Court proceedings are not concluded – not correct to say that the debt is unclouded by any interest – reliefs refused -

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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