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Summary judgment procedure did not restrict a borrower’s right of access to the courts
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Supreme Court dismisses appeal from High Court, and affirms order giving liberty to a lending bank to enter final judgment against a borrower in the sum of €5.2 million, together with interest, on the grounds that: (a) the borrower had not been denied access to the courts by means of the summary summons procedure because the procedure upheld the rights of both parties as well as the public interest; and (b) none of the points put forward by the borrower gave rise to an arguable ground upon which a plausible defence might be established.
McKechnie J (nem diss): Facility letter to borrower - €3.27 million - accepted in 2010 - redemption of accounts - amalgamation of facilities - capitalisation of current accounts - monthly interest payments - security over properties - proceedings commenced by summary summons in 2013 - application for liberty to enter final judgment - action admitted to Commercial List - borrower represented himself - latitude to be given to a lay litigant - whether borrower had bona fide defence - grounds of appeal - restriction on access - whether lack of a full hearing amounted to a denial of access to the court - identity of plaintiff - cross-border merger regulations.
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