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Human Rights & the Summary Summons

Summary Summons is against your Human Rights

Master of the High Court sends debt collection case forward for plenary hearing.
Summary summons – “leave to defend” – order 2, Rules of Superior Courts – O 37, r 10, RSC – avenue available to any defendant refused leave to defend – position of lay litigants – patience of court – crowded Monday morning lists – whether hearings fair – Article 6, European Convention on Human Rights – hearsay evidence on affidavit – O 40, r 4, RSC – notices to cross-examine – abuses of process – opinion of solicitor – whether opinion safe basis for court’s determination – confusion for lay litigant arriving in court to answer claim – arguable defence – entitlement to plenary hearing – UK summary judgment procedure – admissibility of unsworn statement – status of oath – hearsay evidence – barristers’ code of conduct – whether any genuine issue as to any material fact – whether anything for the jury to decide – inefficient use of court time – what constituted a fair hearing – position of different defendants – European Convention of Human Rights – whether bank had duty of care not to lend to borrower who could not repay.
Key Cases Cited
Harrisrange v. Duncan.
Daimler Co. Ltd. v. Continental Tyre &, Rubber Co. (Great Britain) Ltd.
AIB v. John Waters.
AIB v. Galvin.
Consolidated Edison.
Bank of Ireland v. EBS.
Lloyds v. Ogle.
Royal Brompton Hospital v. Hammond.
Pocock v. ADAC Ltd.
Aer Rianta v. Ryanair.
Swain v. Hillman.
T.A. Miller Ltd v. Minister of Housing.
Crawford v. Gilmore.
Barclays Bank v. O’Brien.
Mapp v. Gilhooley.
Masterson v. Scallan.

 

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