Courts / Ireland / Report

Judge critical of certain legal advice given to lay litigants in repossession actions

Summary

In a High Court hearing on 16 January 2017, Mr Justice Seamus Noonan criticised the quality of legal advice given to lay litigants who sought to challenge repossession orders issued by Circuit Court judges. He dismissed several unrelated actions brought by individuals representing themselves without counsel. The applicants had applied for permission to bring judicial review challenges against decisions granting repossession orders over properties, including family homes, in favour of financial institutions. Noonan said the common ground cited – alleged failure of the institutions to provide adequate evidence of debt ownership – was not suitable for judicial review. He suggested such cases should be appealed to the High Court de novo. The judge questioned whether the litigants had received advice from friends or the internet, noting that misinformation could harm their chances of appeal. He expressed sympathy for a couple who brought a challenge but had no alternative but to dismiss their case.

Who, what, where, when and why

What: Report matter: Judge critical of certain legal advice given to lay litigants in repossession actions. Procedural stage: hearing_or_decision

When:

• 2017-01-16 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report