Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Plenary hearing ordered where breakdown between principal and interest is unclear
|
or click here to request site subscription to search and view all judgments |
High Court refuses application for summary judgment, holding that: (a) in the absence of evidence of payments by the defendants or lack thereof, the court could not be satisfied that the amount in respect of which summary judgment was claimed was the principal sum advanced and did not include any interest; (b) where it was accepted by the plaintiff that the claim for interest should be transferred to plenary hearing it was appropriate that the entire claim should be transferred; and (c) no arguable grounds of defence had been advanced other than on the issue of quantum, the breakdown between capital and interest and the liability of the defendants for interest.
Application for summary judgment - plaintiff seeking summary judgment in respect of sum of capital advanced and that claim for interest to be remitted to plenary hearing - loan facility provided by (now dissolved) Bank of Scotland (Ireland) Ltd - defendants disputing alleged transfer of the loan to plaintiff and validity of a number of transfers and transactions - European Communities (Cross-Border Mergers) Regulations 2008 (Ireland) and the Companies (Cross-Border Mergers) Regulations 2007 (United Kingdom) - no dispute as to signature of the loan letter or the drawing down of the sum - number of transactions concerning the loan facility - no evidence of any repayment - no evidence contradicting plaintiff's contention that defendants were in default - whether defendants had bona fide defence or whether appearances had been entered solely for the purpose of delay - whether plaintiff had met onus of proving the debt.
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.
