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Conditional appearance did not invalidate judgment obtained in default of appearance

By: Ciaran Joyce BL

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.

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