Judge was not biased in dealing with credit agreement dispute

By: Ciaran Joyce BL

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High Court refuses to quash Circuit Court orders in respect of a judgment on foot of a credit agreement and the removal of a judgment mortgage on the applicant’s family home, finding that the applicant has not demonstrated that the behaviour of the Circuit Court judge during the course of the trial was such as to afford the orders being quashed, or that the judge exhibited any bias in the proceedings.

Judicial review – review of judgment as against the applicants in the sum of €38,092.14 on foot of a credit agreement – removing a judgment mortgage on the applicant’s family home – whether or not the applicants have discharged the burden of securing an order of certiorari – conduct of the applicants – issue of intervention by a trial judge – reasonable apprehension of bias – preliminary applications by the applicant – dismissal of witnesses – recording from a prepared statement/bringing books and documents to the stand – refusal to allow submissions – bias or prejudice of the trial judge – listening to the DAR – sequence of evidence – applicant has not demonstrated the behaviour of Judge Reynolds during the course of the trial was such as to afford the applicants an entitlement to an order of certiorari – application to quash Circuit Court orders refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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