Bank granted possession of dwelling house.

Apr 23, 2012 By Mark Tottenham BL in Deeny J, Northern Ireland High Court No Comments Tags: Summary judgment

Santander (UK) PLC v. Parker [2012] NICh 6
(High Court of Northern Ireland, Deeny J, 20 January 2012)

Northern Irish High Court rejects appeal from order by Master granting possession of dwelling house.

Application for possession of dwelling house – appeal from order of possession made by Master – originating summons – mortgage signed by mortgagor – whether unlawful to lend depositors’ money – wide-ranging arguments made by defendant on affidavit – whether Magna Carta relevant – whether bank as non-natural person entitled to More

Debt collection case sent forward for plenary hearing.

Apr 18, 2012 By Mark Tottenham BL in Honohan (Master), Ireland High Court 2 Comments Tags: Human rights, Rules of evidence, Summary judgment

Allied Irish Banks PLC v. Collins
(Master of the High Court, 16 November 2011)

Master of the High Court sends debt collection case forward for plenary hearing.

Summary summons – “leave to defend” – order 2, Rules of Superior Courts – O 37, r 10, RSC – avenue available to any defendant refused leave to defend – position of lay litigants – patience of court – crowded Monday morning lists – whether hearings fair More

Bank obtains summary judgment for over €4 million.

Mar 16, 2012 By Mark Tottenham BL in Ryan J No Comments Tags: Summary judgment

Danske Bank v. Feeley [2011] IEHC 456
(High Court, Ryan J, 9 December 2011)

High Court grants judgment in sum of over €4 million, the defendants having failed to establish probability of bona fide defence. (Full text.)

Application for summary judgment – money due arising from loan – whether loan was non-recourse – whether defendants led to believe that capital would not be demanded provided interest payments made – whether bank wrongfully withdrew More

Journalist could provide arguable defence to defamation claim.

Mar 13, 2012 By Mark Tottenham BL in Kearns P No Comments Tags: Defamation, Summary judgment

Lowry v. Smyth [2012] IEHC 22
(High Court, Kearns P, 10 February 2012)

High Court dismisses appeal from decision of Circuit Court, and refuses to grant summary disposal of defamation action. (Full text.)

Defamation – application for summary relief – ss 28, 34, Defamation Act 2009 – appeal from refusal of summary relief in Circuit Court (Judge Henaghan) – claim for declaration that words were defamatory – claim that words used by More

Buy-to-let borrowers fail to establish defence to €2 million claim for summary judgment.

Mar 8, 2012 By Mark Tottenham BL in Ryan J No Comments Tags: Contract law, Summary judgment

Irish Life and Permanent PLC v. Hudson [2012] IEHC 11
(High Court, Ryan J, 13 January 2012)

High Court grants summary judgment to bank in respect of mortgages for buy-to-let properties. (Full text.)

Claim for summary judgment – debt of over €2 million – whether real or bona fide defence – alleged representation by agent that mortgages were non-recourse, interest only, entirely dependent on assets covered by mortgages and that private More

No defence to summary judgment in respect of loan agreement.

Mar 5, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Summary judgment

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. (Full text.)

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 More

Wife unable to claim she was under undue influence of her husband.

Jan 13, 2012 By Mark Tottenham BL in Kelly J No Comments Tags: Commercial Court, Contract law, Summary judgment

Irish Bank Resolution Corporation Ltd v. Quinn [2011] IEHC 470
(High Court, Kelly J, 16 December 2011)

High Court grants summary judgment in the sum of €3 million against second defendant, being wife of first defendant. (Full text.)

Summary judgment – commercial court – loan of €3m – application for judgment against second defendant, being wife of first defendant – loan agreement signed by second defendant in five places – acknowledgement that borrower had been More

Court orders particulars and discovery in claim against guarantors.

Jan 10, 2012 By Mark Tottenham BL in Murphy J No Comments Tags: Guarantees, Practice and procedure, Summary judgment

Danske Bank v. Rockridge Developments Ltd [2011] IEHC 426
(High Court, Murphy J, 17 November 2011)

High Court orders defendants to reply to certain particulars and to provide discovery. (Full text.)

Particulars of pleadings – discovery – guarantees – application for summary judgment – claims as against guarantors – defence of limited security – defence of More

No bona fide defence found to summary judgment.

Jan 4, 2012 By Mark Tottenham BL in Kelly J No Comments Tags: Contract law, Summary judgment

Bank of Scotland PLC v. Mansfield [2011] IEHC 463
(High Court, Kelly J, 21 December 2011)

High Court grants summary judgment against defendant in the sum of €206,396,577.74, having found that no bona fide defence existed to the claim. (Full text.)

Summary judgment – guarantees – limited companies – “all sums due” – whether defence to claim – real or bona fide defence – whether “very clear” that defendant had no case – defence of set-off or counterclaim – whether defence More

Judgment granted against defendant adjudged bankrupt in Northern Ireland.

Dec 15, 2011 By Mark Tottenham BL in Kelly J No Comments Tags: Bankruptcy, Commercial Court, Summary judgment

Irish Bank Resolution Corporation v. Quinn [2011] IEHC 428
(High Court, Kelly J, 23 November 2011)

High Court grants summary judgment to plaintiff in sums of US$219,901,910.64 and €253,951,810.67, despite bankruptcy of defendant in Northern Ireland, and adjourns balance of claims. (Full text.)

Applications for summary judgment in three actions – funds due on instruments of guarantee and indemnity – transfer to Commercial Court – bankruptcy of defendant in Northern Ireland – invitation to Official Receiver to More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Summary judgment