Registrar Honohan has been removed from debt cases

Dazzler123

Registered User
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42
I don't believe that's 100% accurate. Where the mortgage is still in place, as it's a breach of a still active contract, it cannot be statute barred. There are several other reasons where they wouldn't have won in court, but statute of limitations isn't the
The date when the tracker should have been offered or taken up is the operative date for the statute of limitations
 

Delboy

Frequent Poster
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1,559
'Court president should explain why he took debt cases from me' - says Master of High Court
https://www.independent.ie/irish-news/court-president-should-explain-why-he-took-debt-cases-from-me-says-master-of-high-court-37798262.html
Since last Monday, all motions seeking liberty to enter a final judgment in summary summons proceedings must go before a High Court judge rather than the Master.
The decision has proved controversial and prompted a demonstration outside the Four Courts on Monday.
As of yesterday, more than 4,300 people had signed an online petition seeking the return of debt cases to the Master.
In the interview, Mr Honohan was also heavily critical of cuts to legal aid, saying the overriding agenda of the Government was not due process, but saving money.
Although not a judge, Mr Honohan is a senior counsel with a quasi-judicial role.
In contested cases he ensures correct procedures are followed and paperwork is in order before sending a matter on to the High Court....
...
He argues that while lawyers are familiar with the procedures, lay litigants are not and their affidavits are usually inadequate.
Mr Honohan claims that after he raised the issue in 2011, a High Court judge, who he did not name, warned the Irish Human Rights Commission against supporting him.
"They were told Honohan is a nutter," he said.
Mr Honohan said some affidavits from banks were "really offensive to my eye" as they "really seek to portray a defendant as misleading the court, a charlatan".
However, he denies being biased against financial institutions. "All I am doing is applying the rules across the board," he said.
Although "not as distressed and shocked as some people seem to think", he admitted being "quite annoyed" by Mr Justice Kelly's decision.
"What I am doing, in the absence of proper legal aid, is attempting to act in a Christian manner to defendants who want to know what they should do next. I ask them what their story is and I say: 'This is how you deal with it.'"
He now fears defendants might not get the same "care and attention" from a judge.
Looks like they might have to fire him because he's not going to stay quiet in the role no matter how much they kick him
 

Delboy

Frequent Poster
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1,559
Ed's latest salvo

Judges no longer able to view bank records ‘without suspicion’
Judges uncritically favouring banks ‘should resign’, High Court master Honohan says
https://www.irishtimes.com/business/financial-services/judges-no-longer-able-to-view-bank-records-without-suspicion-1.3819127
“This is banking ‘culture’. It starts with bonuses and ends in disinformation,” he said. “The age of innocence is over. Bank’s affidavits have fallen from grace. They no longer enjoy any presumption of accuracy. Justice now requires scepticism,” he said.

That did not mean that a judge who critically examines banks’ affidavits is somehow prejudiced against banks. The converse applied, as failure to do so “suggests a prejudice against debtors”.
“This is banking ‘culture’. It starts with bonuses and ends in disinformation,” he said. “The age of innocence is over. Bank’s affidavits have fallen from grace. They no longer enjoy any presumption of accuracy. Justice now requires scepticism,” he said.

That did not mean that a judge who critically examines banks’ affidavits is somehow prejudiced against banks. The converse applied, as failure to do so “suggests a prejudice against debtors”.....
.....
There is no legal basis for the courts’ “special regard” for bank records, Mr Honohan said. “In fact, given recent banking scandals, it is hard for judges to view any bank records without suspicion,” he added.

Judges “are not brain-dead” and any judge who thinks banks should be accommodated by an uncritical court “should think again”.
 

RETIRED2017

Frequent Poster
Messages
771
With or without P Honahan The banks are not going to get back the money the over lended To mortgage holders,

The people who are giving out about P honahan would be giving out anyway, Because only for him there would lots of hard earned taxpayers money spent housing the people the Banks over lent too without checking could they pay it back,

I know there are people taking advantage of the fact Banks over lending makes it is hard for the Banks to get repossessions, But they Brought it on themselves,

I don't like it one bit, but there is nothing in it for the taxpayers if Banks could just throw people out of the houses the over lent too, Driving up house prices at the time of lending,

If we are not very careful the taxpayers will be picking up another Bill by the looks of things,
 
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Brendan Burgess

Founder
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37,702
This is a really shocking case illustrating how off the wall Honhohan has become

It's in the Sunday Times so you will need a subscription.

Nama wins appeal on case struck out by ‘irrational’ High Court master Edmund Honohan

Nama has successfully appealed an “irrational” order made by the master of the High Court, striking out its application for a €19m judgment against a businessman.


In January, Edmund Honohan, who holds the quasi-judicial role of High Court master, struck out Nama’s attempt to get a judgment against the businessman John Brennan.


In an affidavit filed with the High Court, Alan Quigley, Nama’s solicitor in the case, accuses Honohan of acting irrationally, inappropriately and outside his jurisdiction by arguing for one side in the case. Nama claims Honohan was “wrong in fact and in law”.
 
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