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Dear Readers,
I have good news for those in debt and being pursued through the courts, a very recent decision by the Irish Court of Appeal has deemed summary judgment ( without consent of the debtor ) to be unlawful.
http://www.thejournal.ie/courts-debtors-banks-2436027-Nov2015/
That looks like a perfectly sensible decision.
Could you post a link to the ruling?
A summary judgment in this context refers to a judgment for a fixed and agreed amount of money due as a debt where the person owing the money has not answered or entered a defence to the proceedings. In this case, it appears that there was at least a possibility that the defendant was intending to dispute the amount owed or to enter a defence and I am at a loss why the High Court proceeded to judgment in a summary manner in these circumstances without granting the requested adjournment.
The summary judgment process is intended to allow for undisputed cases to be disposed of in a prompt and expeditious manner - it should never prevent or block a defendant from entering a bona fide defence to any proceedings.
Seems like the rules have changed, no mention of bona fide defence, just right to be heard under the Fundamental Charter of Human Rights. (That wishy washy European Law stuff )
Incidentally, that report does not suggest that the Court of Appeal has "deemed summary judgment (without consent of the debtor) to be unlawful" as suggested. Now, that really would have been newsworthy!
Have you had sight of the judgment Sarenco ?
I don't get you can you explain?
the Court was on notice that the defendant was considering whether or not to enter a defence to the proceedings.
I have good news for those in debt and being pursued through the courts,
There is no suggestion in that report that any "rules have changed". Everybody has a constitutional right to be given an adequate opportunity to present their case.
So why did this case have to go to the Court of Appeal?
Because the High Court erred in entering a summary judgment in circumstances where the borrower intended to dispute the debt. The case didn't "have" to go to the Court of Appeal but the borrower was perfectly entitled to appeal the decision of the High Court. That's the way our system works.
Is there any reason why this Court of Appeal judgement did not find it's way onto the Courts.ie website. I thought this website was meant to publish all judgments and rulings of the High Court, the Court of Appeal and the Supreme Court. Maybe the powers that be do not wish people to view this possible ( floodgate ) ruling and the subject matter of the case !
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