Submission to the Review of the Administration of Justice. Part 1. This submission relates to the overall context of improving access to justice and especially achieving more effective outcomes for courts users, particularly vulnerable court users. Dr Padraic Kenna –
[email protected] School of Law - National University of Ireland Galway. This submission is drawn from a research report - Access to Justice and the ECB – A Study of ECB Directly Supervised and other Mortgage Possession Cases in Ireland (2018) by Dr. Padraic Kenna, Centre for Housing Law Rights and Policy, School of Law, National University of Ireland, Galway with research by Simon W. Kennedy, Solicitor, LLM Researcher, School of Law, National University of Ireland, Galway. Introduction Access to justice is one of the most basic rights enjoyed in civilized societies. It is underpinned in Ireland by international, European, constitutional and national law. Access to justice is particularly important is situations where people are at risk of losing their homes. The banking crash has generated an unprecedented increase in the caseload of Irish courts, as property values dropped and mortgages became unsustainable. Some commentators have described this as a “tsunami” of home possession cases.1 This has placed unprecedented pressure on Irish courts, described buy one High Court Judge as already overburdened. Homeloan debtors are pitched against the legal resources of major corporate lenders, often in what appears like a David v Goliath encounter. As Irish courts address these increased caseloads, access to justice for homeloan debtors has never been more important. Loss of home can amount to a violation of human rights.