Courts / Ireland / Report
Judge repeats warnings over legal advice given in repossession cases
Summary
In a High Court hearing on 30 January 2017, Mr Justice Seamus Noonan reiterated his caution regarding the provision of legal advice in cases challenging repossession orders. He noted that several applications contesting such orders had recently been brought before the court, many by self-represented litigants. The judge questioned the sources and quality of the advice underpinning these applications. While dismissing a farmer's challenge to a Circuit Court order that granted a repossession to the Bank of Ireland over the farmer's family home, Noonan explained that the farmer's claim was based on unsuitable grounds for judicial review, which concerns legality rather than merits. He urged that dissatisfied parties appeal to the High Court rather than file judicial reviews, warning that the latter could jeopardise their right to appeal within the statutory period. The farmer denied any external assistance, asserting his application was based on his own research. The judge expressed sympathy for the farmer's situation but upheld the dismissal.
Who, what, where, when and why
What: Report matter: Judge repeats warnings over legal advice given in repossession cases. Procedural stage: hearing_or_decision
When:
- 2017-01-30 Publication
Places mentioned
- High Court
Topics
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