High Court strikes out plaintiff’s application for declaratory reliefs in relation to a number of legal issues which he says will be relevant to the defence of criminal proceedings in respect of which he is currently facing trial, on the grounds that: (a) the plaintiff is not charged with any offence relating to the statutory provisions under which he is seeking the declaration; (b) the plaintiff does not seek to challenge the lawfulness of any statutory provisions; (c) there is no jurisdiction to simply provide declarations as to the legal effects of statutory provisions in advance of a criminal trial; (d) there is no barrier to the Circuit Criminal Court addressing in full all the issues of statutory interpretation; and (e) the plaintiff’s pleadings disclose no reasonable cause of action.
Criminal Law – application in default of defence – application to strike out plaintiff’s claim in its entirety – plaintiff is awaiting trial – deed of conveyance – certification that title deed is in order without investigation of title – application to set aside registration – High Court made order to set aside registration – procuring registration of false deed – fraudulent procurement of entry to the register held at the Property Registration Authority – theft – money laundering – unsuccessful application to sever indictment – unsuccessful application to have certain counts dismissed – declaration that folio issued by Property Registration Authority was conclusive proof of title until it was set aside by High Court – whether the nature of the declarations sought by the plaintiff make them appropriate for resolution in advance of the criminal trial – plaintiff is not charged with any offence relating to the statutory provisions under which he is seeking the declaration – plaintiff does not seek to challenge the lawfulness of any statutory provisions – no jurisdiction simply provide declarations as to the legal effects of statutory provisions in advance of a criminal trial – no barrier to the Circuit Criminal Court addressing in full all the issues of statutory interpretation – plaintiff not entitled to seek the declarations set out in his plenary summons and statement of claims – plaintiff’s pleadings disclose no reasonable cause of action – proceedings struck out.