The Master of The High Court has expressed concern regarding “fast-track” court procedures in debt recovery applications. Master Edmund Honohan’s comments come in the wake of an increased number of property repossession applications before the Irish courts. The “fast-track” procedures facilitate the delivery of final money judgments solely on a judge’s view of the credibility of any sworn written defence.
Master Honohan’s ultimate concern is that these procedures circumvent defendants’ rights under Article 6 of the European Convention on Human Rights (the right to a fair trial). Master Honohan questioned the fairness to defendants under such fast track procedures, given that final judgment would rest on the judge's view of the credibility of defence based solely on written documents.
Click here for the full text of Article 6 of the ECHR
Master Honohan deemed it likely that the European Court of Human Rights would find that the fast track procedures infringed Article 6, unless significant procedural changes were made. Stating that the Irish procedure was very much “plaintiff favoured”, he referred to the US procedure in similar proceedings where the onus is on the plaintiff, not the defendant, to prove their case for money judgments. In the case under consideration he granted an adjournment, after finding to do otherwise would mean listing the motion when the defendant was not ready for a fair hearing.
Click here to read a summary of Master Edmund Honohan’s comments in the Irish Times.