This is a very important file, read it and understand it, in particular, page 8. This is a powerful tool you can use in court and get a massive adjournment, giving you time to go away and study their ‘Book of Evidence’.
Please use it, page 8.
The Bankers Book of Evidence Act 1879:
The Defendants do say that the plaintiff’s grounding affidavit of Ms xxxxx xxxxx ‘the deponent’ describes her position with the plaintiff bank as ‘a credit control analyst’. The Bankers Books Evidence Act 1879 Ch 11.4 specifically states ‘A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by affidavit sworn before any commissioner or person authorised to take affidavits’. Ms xxxxxx xxxxxx is not authorised to swear the grounding affidavit or any affidavit on behalf of the plaintiff bank and the grounding affidavit dated xxxx xxxx xxxx is therefore inadmissible in these proceedings. The Defendants Quote Justice Edmund Honohan Master of the High Court, the problem is, the term “Officer” and ” Partner” of the bank has not been defined, the Master has repeatedly requested of the relevant barrister’s to verify the affiant of the bank is in fact an Officer or a Partner of the bank, they cannot do this.