Member Login

Conditional appearance did not invalidate judgment obtained in default of appearance

By: Ciaran Joyce BL

or click here to request site subscription to search and view all judgments

Court of Appeal dismisses appeal of High Court refusal to set aside judgment obtained in default of appearance where a conditional appearance was sent to the Central Office, finding that: a) judgment was regularly obtained under the Rules; b) the bank and their solicitors were not aware that a conditional appearance was sent to the Central Office; and c) none of the purported defences had a real chance of success.

Banking law – judgment in default of appearance – conditional appearance sent to Central Office – defendants must satisfy the court on an application to set aside a regularly obtained judgment, not only that they were taken by surprise, but that they have not simply an arguable defence, but one that has a reasonable prospect of success – no objective or independent evidence to support the claim of misrepresentation on the part of the bank – appeal dismissed.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *