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 Post subject: Edmund Honohan is at it again
PostPosted: Tue Jan 03, 2017 7:59 pm 
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Old Time Landlord

Joined: Apr 27, 2014
Posts: 396
Mad Ed Honohan, who likes to think of himself as a judge, but who in reality is just a jumped-up public servant is at it again with pronouncements above his station.

http://www.irishtimes.com/news/social-a ... -1.2922890

Quote:
Master of the High Court condemns house repossessions

Thousands of orders granted in the Circuit Court to repossess homes may be open to challenge because these courts are not applying EU law, the Master of the High Court has said.

Edmund Honohan criticised the Government for failing to properly protect people facing repossession and said it was instead allowing the courts to “pump people into homelessness”.

“There is a lack of joined up thinking and a huge amount of ignorance,” he told The Irish Times.

Circuit courts “up and down the country” were failing in their role as “agents” of the EU as current procedures did not ensure application of EU consumer legislation, he said, adding that this was the “fault of the Irish State”.

Edmund Honohan says Government allowing courts ‘pump people into homelessness’

He said county registrars – who grant the majority of repossession orders in the circuit courts – “should not be dealing with these cases at all”, as they had neither the legal training nor the legal discretion to apply EU law.
“The rules and procedures of the Circuit Court need to be updated to allow for a hearing with regard EU legislation on unfair contract terms . . . in every possession case . . .EU law is not an optional extra.”

In particular the 1993 EU directive on unfair contract terms in consumer contracts was not being properly applied. This failure, according to the European Court of Justice, breached consumers’ rights.
Legal discretion

In its 2013 ruling on the Aziz case – which had been referred to it by the Spanish courts – the ECJ, said: “...the national court is required to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in its own way for the imbalance which exists between the consumer or the seller or supplier.”

The Circuit Court should be taking the initiative to assess whether mortgage contracts were fair before making possession orders, he said, noting that only a judge had the legal discretion to do this.

“So we have a county registrar sitting in wherever... and she is now an agent of the EU. She is obliged, of her own motion i.e. without the defendant present, to look at the mortgage contract and see if it’s fair. Does she have the skills to do that? No. Is there any case law to help her? No. Does she have any idea what she is doing? No. So what is happening is she sees there is no defendant in court and makes the order.”

The legality of a possession order was “often touch and go..It is not as clear-cut as county registrars think they are”.

“Something the Government could do is change the procedures in the courts to put a brake on the number of families they are pumping into homelessness.”


Lest anyone forget Ed’s previous pronouncements and the many times he has overstepped his powers and shot his stupid mouth off:

http://www.irishexaminer.com/ireland/in ... 71195.html

Quote:
Injunction granted against Master of High Court

The High Court has granted an injunction against the Master of the High Court, Edmund Honohan, following his decision to refer papers on a case to the DPP for a perjury investigation.


http://www.independent.ie/irish-news/co ... 51173.html

Quote:
Senior court official acted outside his powers when he sought to refer €3m mortgage case to DPP, High Court rules

A senior court official acted outside his powers when he sought to refer a case involving €3m worth of mortgages to the DPP, a High Court judge ruled.

Master of the High Court Edmund Honohan, who deals with procedural and other matters relating to cases on their way to a full judge of the High Court, also acted irrationally concerning his claim there was perjury in relation to a solicitor's undertakings providing security for the €3m loans, Ms Justice Iseult O'Malley said.


http://www.independent.ie/irish-news/co ... 63547.html

Quote:
Court official exceeded power in striking out debt case

A SENIOR court official exceeded his power when he struck out a three-quarter of a million Euro debt case despite clear High Court judgments he could not do so, the Court of Appeal said.

Master of the High Court Edmund Honohan has no jurisdiction to dismiss contested cases over debts owed to banks, the court said. The Master deals with procedural and other matters relating to cases on their way to a full judge of the High Court.


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Tue Jan 03, 2017 10:22 pm 
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Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5089
Location: SthDub
I heard him on the news at 1 on rte radio 1 earlier. Couldn't believe what I was listening to. Basically telling Solicitors to do their jobs 'properly' and go follow this route even if their cases were done and dusted. Is their no constitutional issue here, this guy mouthing off like this on a regular basis


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Tue Jan 03, 2017 11:52 pm 
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Under CAB Investigation

Joined: Dec 2, 2013
Posts: 1977
Being in his court is a very strange experience. You feel very awkward somehow with him saying random stuff, laughing at his own witty remarks, being dismissive of people who are smarter and know more about Law than he does.

What struck me most was 'how was this guy possibly making a living at the bar before he got whooshed into this sinecure?' Who was hiring him as their barrister ?


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Wed Jan 04, 2017 6:27 am 
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Planning Tribunal Attendee

Joined: May 12, 2012
Posts: 1367
What is the precise role of the Master of the High Court? How is one appointed? Is there only one of him?

The media (deliberately or otherwise) like to imply that he is actually a judge, which he is not of course, but I am a bit puzzled about his actual role.


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Wed Jan 04, 2017 5:47 pm 
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Speculator

Joined: Sep 30, 2008
Posts: 487
Location: The West Indies
He's basically a secretary to the High Court. He deals with administrative and procedural steps (discovery etc) before a case gets listed before a judge. The previous incumbent, the late Harry Hill SC, was an irascible bollix at times, but at least knew his place in the hierarchy. This bloke has been recognised as a fool for quite some time.


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Wed Jan 04, 2017 10:40 pm 
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Planning Tribunal Attendee

Joined: May 12, 2012
Posts: 1367
Yes but who appoints him? Is it for life? Is there only one of him?

I am not a lawyer and the Courts Service website is diabolical.


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Thu Jan 05, 2017 1:30 pm 
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Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5089
Location: SthDub
Mad Ed has some fans

http://www.independent.ie/opinion/comme ... 42931.html
Quote:
The Master of the High Court, Edmund Honohan, takes no prisoners in motions before him concerning defendants in mortgage arrears - any advocate acting on behalf of the bank must be able to exhibit every email, letter and phone-call to the defendant. There is zero tolerance for financial institutions in his court.
This week, Mr Honohan has publicly decried, in print and on radio, county registrars in the Circuit Court for their approach to home repossession orders. In a newspaper interview, rather than use the neutral 'their' when referring to county registrars, he referred to 'her' and 'she', eliminating the Limerick, Kerry and Waterford county registrars. Coincidentally, the Circuit Courts in Cork, Donegal, Dublin, Wicklow, Wexford and Galway employ female county registrars.

Although, in Limerick Courthouse last May, the county registrar, Pat Wallace, was jeered out of the court room while gardaí attempted to stall a dramatic protest, as the Anti-Eviction Taskforce took over the judge's seat and jury box. It was a day when 169 repossessions were listed.....


The Writer seems to think that Ed is a Judge with his own Court but from my understanding of what has been said on this thread, this is not the case


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Thu Jan 05, 2017 2:26 pm 
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Too Big to Fail

Joined: Sep 13, 2012
Posts: 4310
FreeFallin wrote:
The Writer seems to think that Ed is a Judge with his own Court but from my understanding of what has been said on this thread, this is not the case

If he had any authority he wouldn't be moaning about things not working the way he prefers.

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"It's easy to confuse what is with what ought to be, especially when what is has worked out in your favour"
Tyrion Lannister


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Thu Jan 05, 2017 3:52 pm 
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Speculator

Joined: Sep 30, 2008
Posts: 487
Location: The West Indies
Skippy 3 wrote:
Yes but who appoints him? Is it for life? Is there only one of him?

I am not a lawyer and the Courts Service website is diabolical.


I'm not sure who appointed him. Possibly the Minister for Justice but I cannot be 100% certain.


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 Post subject: Re: Mad Ed Is At It Again
PostPosted: Sat Jan 07, 2017 10:40 pm 
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Of Systemic Importance

Joined: Jun 9, 2008
Posts: 6968
Quote:
Mr Justice Kearns said, in a short statement today, as much confusion had arisen to the Master’s role within the High Court, he wished to clarify the Master “is not a judge but an office holder with limited functions created by statute”.

“Mr Honohan does not operate under my oversight, direction or control,” Mr Justice Kearns said.

“Specifically, he has no authority to speak on behalf of the High Court or its judges. Any impression to the contrary would be mistaken.”


http://www.gtigazette.com/judicial-row/

Quote:
I suppose you might call me a virtual judge in computer parlance.


http://www.officialoffermadesimple.com/ ... -interview

Thinking high above his station.

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“Don't ask the barber if you need a haircut—and don’t ask an academic if what he does is relevant.” Nassim Nicholas Taleb


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