Sir, – An article in Business Today (November 17th) reported an attack by the Master of the High Court on the fairness of “fast-track” court procedures which allow banks and other creditors to get final judgment orders, without a full hearing, against debtors unable to pay lawyers and with insufficient legal knowledge to mount effective defences.
This “fast-track” procedure performs the very useful purpose of enabling businesses and individuals who are owed money to obtain judgment quickly and at low cost where the debtor has no defence to the claim. The Master is right, however, to point out that, in addition to being efficient and cost-effective, this system must not violate the principles of human rights and fair procedures.
It is a pity that in raising this important issue he could not resist a vicious side-swipe against the entire solicitors’ profession by saying, as reported, that of all those who swear affidavits, solicitors were the group “most frequently found to have only a nodding acquaintance with the truth”.
This is an outrageous and utterly unjustified slur on the integrity of the entire solicitors’ profession. If Mr Honohan has evidence, in any particular case, of the very serious offence of a solicitor falsely swearing an affidavit, he should report it for investigation by the Law Society or, alternatively, refer the matter directly to the President of the High Court.
Although the Master of the High Court is not a judge, this reported branding of the solicitors’ profession as frequently untruthful in their dealings with the courts is unworthy of anyone involved in the administration of justice. The sworn evidence of solicitors is rightly accepted by judges in all courts every day.
It is ironic that, in remarks about human rights and fair procedures, the Master should sweepingly smear all solicitors as at best indifferent to the obligations to justice which they have as officers of the court. It is this allegation that has no acquaintance – nodding or otherwise – with the truth. – Yours, etc,