Edmund Honohan particularly concerned about cases involving personal litigants
The Master of the High Court has voiced concern the “exacting” test for summary or final judgment applications is “often just overlooked” by High Court judges, particularly in cases involving personal litigants.
His concern was new draft rules will arrive from “on high”, be presented as a “fair accompli” and the Minster for Justice will sign off on them “citing separation of powers as his opt-out from any criticism or debate”. While the views of judges enjoy a presumption of fairness, it is “only an assumption” and any makeover of the rules should have the distinct character of “bottom up” reforms, not top down.
She had also complained her husband’s dealings had jeopardised the family home where she lives with their two adult children, both of whom have disabilities, and referred to repossession proceedings. Asking whether lay litigants should be bound by the limitations their lack of knowledge of the law imposes, he said a “few pointed questions” from a judge might produce missing pieces of a legally coherent jigsaw, a defence counter-claim, but such questions could only be asked at a plenary hearing.
There was a “very troubling box-ticking exercise” and affidavits are “on the way out” when judges summarily dismiss their contents as “not credible”, he said.
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