The Circuit Court is yet again in the spotlight – (but not a peep from national media …. YET)
The Master Edmond Hoonahan clearly stated difficulties the Circuit Court had on Friday 20 March (I was there and wrote down what he said) it was in relation to problems banks had when borrowers turned up in the Circuit Court to defend repossession attempt on family homes.
“Lenders will NOT get repossession orders in Circuit Court. So they have to go to Masters Court looking for a Judgment.”
The Master continued to say that the Circuit Court does not have the power (Jurisdiction) to award repossession. He referred and spoke to all legal eagles in court that day and said “lenders hate having to do this” as it delays everything with huge cost and implications for the bank.
Now with yesterday’s Ruling by Ms. Justice Murphy
“The Plaintiff relied on the rateable value to bring Lay Litigant into the Circuit Court: today Ms Justice Murphy ruled against the Bank and the Jurisdiction: “the Circuit Court did not have jurisdiction, the defendants dwelling was neither rated nor rateable and accordingly the Circuit Court did not have Jurisdiction to hear the Plaintiffs claim”.
My view is simple and direct from the citizensinformation.ie
The Circuit Court is a court of local and limited jurisdiction. It is restricted as to which cases it can decide in both civil and criminal matters.
Under Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 the monetary jurisdiction of the Circuit Court increased to €75,000 (was €38,092.14) with effect from 3 February 2014. For personal injury actions the limit is €60,000.
So Circuit Court cannot hear any repossession case where the property is valued at more than €75,000
Circuit Court does not have the power (Jurisdiction) to award repossession of any home to banks or lenders if the defendant (borrower) attends Circuit Court to defend or appeal. This is why it is so important every person who has been summoned to the Circuit Court attends. It is impossible for the bank to get repossession, once you attend.
Again well done to The Hub Ireland, Finbar Markey, National Land League, Fair Society, Awaken-Longford, Lay Litigation Ireland and to all who continue to support those in mortgage distress and who are standing up, fighting the by banks and the (in)justice system.
See related article : BANK’S DEALT MASSIVE BLOW WITH HIGH COURT JUDGEMENT TODAY: HOME OWNERS CELEBRATE