Bank of Scotland PLC v. Shovlin [2012] IEHC 35 (High Court, Charleton J, 23 February 2012)
High Court grants summary judgment against certain defendants in respect of loan to fund sale and leaseback agreement.
Summary judgment - loan agreement - loan to fund purchase of bank headquarters to lease back to bank - whether bona fide defence - error in summary summons in relation to claim for interest - whether claim should be amended - whether court had power to amend summary summons - Order 28 rule 1, RSC - whether defect in original contract - limited recourse provision.Full Text on Court Services Website>
Key Cases Cited
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Dublin Docklands Development Authority v. Jermyn Street Ltd. and Black Tie Ltd. [2010] IEHC 217
Danske Bank v. Durkan New Homes Ltd. (unreported, Supreme Court, 22nd April, 2010) [2010] IESC 22
Aer Rianta c.p.t. v. Ryanair Limited [2001] 4 I.R. 607
Kiely v. Massey (1880) LRI VI 445
Stokes v Kerwick [1921] 56 ILTR
Bank of Ireland v. Educational Building Society [1999] 1 I.R. 220
McGrath v. O'Driscoll [2007] 1 ILRM 203
Caulfield v. Bolger [1927] 1 I.R. 117
Gold Ores Reduction Company Ltd v Parr [1892] 2 QB 14
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