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Defendants to summary judgment claim entitled to see relevant parts of Deed of Transfer

By: James Cross BL

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High Court, in summary summons proceedings for just over €4m alleged to be due on foot of a loan facility or a number of loan facilities, orders inspection of the parts of the Deed of Transfer and Amended Deed of Transfer that evidence the assignment of the disputed loans and security, on the grounds that the defendants would be at a serious litigious disadvantage if they did not see the relevant parts of both deeds.

Summary Summons - application that the Plaintiff produce certain documents which are referred to in the indorsement of claim on the Summary Summons - claim for payment of just over €4m alleged to be due on foot of a loan facility or a number of loan facilities - Plaintiffs claim to be the successors in title to the Bank – deed of transfer – letter of demand – entitlement of Plaintiff to make demand is disputed - Defendants also dispute the Plaintiffs title to sue them - legal test for inspection of documents – documents listed in the Notice of Motion – documents not relevant – relevant parts of the documents already furnished - what is considered by the Court to be necessary are the relevant parts of the deeds which evidence the assignment of the loans in issue - if a Defendant wishes to see more of the deed, the burden is on the Defendant to show why more is necessary, and as the next decision shows, if the Defendant does discharge that burden, then the burden shifts to the Plaintiff to justify the extent of the redaction made - Defendants would be at a serious litigious disadvantage if they did not see the relevant parts of both deeds that evidence the assignment of their loans and security – where a Defendant seeks a statement of account in debt collection proceedings, it seems to me as a matter of basic fairness that it should be provided - Power of Attorney – Defendant’s costs of motion for mediation ordered to be costs of the cause.

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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