Ban on access to debt judgments to deprive businesses of important data

THE COURTS Service has banned public access to most debt judgments after an internal review found there was no legal basis for making the information available.

The decision will deprive business people of important information about the financial history of anyone they are dealing with, such as whether a debt has ever been registered against the person.

Traditionally, information about debt judgments was available to the public through inspection of “cause books” within circuit and district courts. This information was collected by a non-profit company, Irish Judgments, and sold to commercial publications such as Stubbs Gazette. Credit unions and other lenders, and Government departments, relied on this information in their business dealings.

Irish Judgments’ parent company Registry Trust carries out the same work in England, Scotland and Wales.

The Courts Service has written to Irish Judgments saying the cause books would no longer be available for public inspection. The company asked to see the legal opinion on which the decision was based but says the Courts Service refused to provide it.

Malcolm Hurlston of Registry Trust said the change of policy threatened the existence of Irish Judgments and would also damage the Irish economy by bringing uncertainty into lending. “On the principle of open justice, it always seemed self-evident that the cause books were fully in the public domain. This will affect all members of the public, not just our agents.”

A spokesman for the Courts Service said the decision was taken following a review which found that there was no provision in legislation or in court rules for a general right of access to cause books. He pointed out that there was still public access as required by law to the Register of Judgments in the High Court offices. This allows access to registered judgments to personal callers to the office in the Four Courts, for an €11 fee.

Mr Hurlston said only a minority of judgments were registered by claimants.