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Debt collection case sent forward for plenary hearing.
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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 - Article 6, European Convention on Human Rights - hearsay evidence on affidavit - O 40, r 4, RSC - notices to cross-examine - abuses of process - opinion of solicitor - whether opinion safe basis for court's determination - confusion for lay litigant arriving in court to answer claim - arguable defence - entitlement to plenary hearing - UK summary judgment procedure - admissibility of unsworn statement - status of oath - hearsay evidence - barristers' code of conduct - whether any genuine issue as to any material fact - whether anything for the jury to decide - inefficient use of court time - what constituted a fair hearing - position of different defendants - European Convention of Human Rights - whether bank had duty of care not to lend to borrower who could not repay.
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