Summary judgment overturned due ‘evidential gap’ in bank’s claim

The Court of Appeal has set aside a High Court judgment granting summary judgment to a financial institution against an individual for a debt of €521,082.26. The appeal centered on the adequacy of the pleadings and evidence provided by the bank to justify the summary judgment. The Court of Appeal found that the bank's pleadings failed to detail how the sum claimed was calculated, particularly with respect to varying interest rates over the duration of the loan facility. This omission was deemed an "evidential gap," leading to the decision to remit the case back to the High Court to allow the bank an opportunity to amend its pleadings in accordance with the court's findings. The original High Court decision had affirmed the bank's claim without a plenary hearing, based on the original loan agreement from May 2007 and subsequent restructuring, including a disputed 2010 facility letter. The appellant contested the signature on the 2010 facility letter, but the Court of Appeal's decision focused on the procedural issue of the bank's pleadings rather than the substantive defense of forgery.