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Remittal of summary judgment proceedings to Circuit Court refused where creditor’s consent was not obtained

By: Ian Fitzharris BL

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High Court refuses debtors' application to remit summary judgment proceedings filed against them by a bank on foot of a loan facility secured on their family home (where there are separate Circuit Court possession proceedings in being in respect of the home), on the grounds that, under the applicable legislative regime governing remittal in such circumstances, the applicants have failed to obtain the bank's consent to remittal and failed to disclose or establish a good defence to the bank's claims.

Application to remit summary judgment proceedings to Circuit Court with unlimited jurisdiction - loan facility secured on family home - separate Circuit Court possession proceedings already in being in respect of home - court's inherent jurisdiction - Order 49, r.7 RSC - legislative regime - court rules - no consent forthcoming from bank as to remittal - no good defence to action - no facts discernible which would be sufficient to entitle a defence to action - application to remit refused.

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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