Tag Archives: Circuit Court

From top: Minister for Justice Helen McEntee and former justice minister Charlie Flanagan; Tullow solicitor Mary Morrissey’s appointment in July to the Circuit Court bench as reported by The Carlow Nationalist

Yesterday.

Via The Sunday Times:

Several District Court judges also applied for the vacancy on the Circuit Court bench that was filled by [Mary] Morrissey, a solicitor who once worked in a law firm with Charlie Flanagan, the previous Fine Gael minister for justice. Last week The Sunday Times revealed that Morrissey canvassed for a Fine Gael councillor in the local elections in 2019.

The Sunday Times has learnt that at least three candidates for the post were approved by the JAAB, but McEntee brought only one name to cabinet. She has declined to say whether she discussed the other names with the taoiseach and Ryan or with Leo Varadkar, the tanaiste and leader of Fine Gael. “Discussions between ministers are confidential,” McEntee said.

The taoiseach would not comment on whether he was aware the JAAB had approved more than one candidate. A government spokesman said: “The minister for justice recommended Mary Morrissey and the cabinet agreed. The normal process was followed and she informed the taoiseach.”

Several judges put in bids for Circuit Court post handed to Mary Morrissey (Stephen O’Brien, Sunday Times)

RollingNews

9029635311151021_464670440356409_6709484749752716660_nJudge_Deirdre_Murphy_id_card.jpg_Thumbnail0-1

The High Court in Dublin (top), Laura Finnegan, and Justice Deirdre Murphy

Or does it?

Yesterday, Land League member Finbar Markey, wrote on the website Fair Society that, for years, banks have been applying to Circuit Courts for possession orders on family homes, most of which are worth more than €75,000.

Mr Markey said banks have doing this even though Circuit Court rules state that only matters involving less than €75,000 can be heard in the Circuit Court.

Mr Markey said the banks have been circumventing the rules by claiming the rateable value of the property is below the threshold – approximately €253 or less.

However, Mr Markey said a ruling in the High Court yesterday, by Ms Justice Murphy, put an end to this in one particular case concerning Laura Finnegan.

Mr Markey writes:

“In the High Court a jubilant appellant, appealing an Order of Possession on her home from the Circuit Court, and with the advice, support and backing of the Hub-Ireland [a group which assists people with mortgage difficulties] broke the mould.

In her judgement Ms. Justice Murphy said, ”The plaintiff maintained that it had invoked and was entitled to the provisions of the valuation act and a letter issued by the Valuations office was sufficient: both these assertions are manifestly unfounded on the evidence…….it appears to the court on evidence that the plaintiff have devised and used an ad hoc non-statutory process which is devoid of legal effect, for the purpose of persuading the Circuit Court that it has jurisdiction which it does not in fact enjoy’.”

He adds:

“So what are the implications of [the] ruling? Firstly, we can expect that banks will be left with no choice but to withdraw their current applications in the Circuit Courts for possession of family homes. If you are in court over the next while demand a strike out. If an Order has been made on your home, it can be considered null and void and as having never existed. Contact your local Sheriff over the next few days and ask what the ruling means for you, meanwhile the various anti-eviction groups around the country will be forwarding the judgement to all Registrar’s and Sheriff’s and requesting their current position in light of the ruling.”

Anyone?

Banks dealt massive blow with High Court judgement today: home owners celebrate (Fair Society)

The Hub Ireland