Master of the High Court repeats concerns that judges are overlooking ‘exacting’ test
High Court judges are making errors in law due to a lack of experience with certain types of banking cases, the Master of the High Court, Edmund Honohan SC, has claimed.
Mr Honohan yesterday decided there should be a full hearing of a bank’s claim for final judgment of €945,613 against a woman, instead of the normal process whereby a judge decides the case on the basis of sworn affidavits.
According to The Irish Times, he said he is concerned that judges “will not follow the law as set out by the Supreme Court” on the test to be met before final judgment is entered.
Mr Honohan has previously called for an overhaul of the rules and procedures governing the superior courts, including those governing final judgment applications.
He has raised concerns that High Court judges are overlooking the “exacting” test for summary or final judgment applications in cases involving personal litigants.
He claims that while the Supreme Court has set an “exacting standard” outlining that summary judgment should only be granted where it is “very clear” a defendant has no defence, the test is “often just overlooked in the High Court”.