Warning over human rights breach in bank judgments

The Master of the High Court warned "fast-track" procedures under which banks get final-money judgments solely on a judge’s view of the credibility of any sworn written defence, may breach the entitlements of defendants under the European Convention on Human Rights.

The demands of justice, and the fact that he must adhere to the State’s obligations under the convention, mean he must refuse to list applications for liberty to enter final judgment in the High Court list unless satisfied they are ready to be heard “fairly”, said Master Edmund Honohan.

The master questioned the fairness to defendants of procedures under which applications by banks and others for liberty to enter final judgments are decided on the basis of a judge’s view of the “credibility” of any defence outlined in sworn documents.