The Governor and Company of The Bank of Ireland v Ward (Approved) [2023] IECA 25 (09 February 2023)

The Governor and Company of The Bank of Ireland v Ward (Approved) [2023] IECA 25 (09 February 2023)

The Court of Appeal held that the High Court correctly exercised its discretion in permitting the Bank to amend the summary summons and to adduce further affidavit evidence. The amendments were necessary to clarify the claim in accordance with Supreme Court authority, the delay was adequately explained by the Covid-19 pandemic and did not cause irremediable prejudice, and the defendant's substantive defences went to the merits and not to the procedural applications under appeal.

Citation
[2023] IECA 25
Parties
Plaintiff/respondent: The Governor and Company of The Bank of Ireland; Defendant/appellant: Gerry Ward
Jurisdiction
Ireland
Judgment Date
09 February 2023
Procedural Posture
Civil Appeal / Appeal From High Court Order Permitting Amendment of Summary Summons and Admission of Further Affidavit Evidence
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Amendment of Pleadings, Debt Recovery, Affidavit Evidence, Jurisdiction, Liquidated Sum, Promissory Note as Discharge, Covid 19 Delay
Civil Procedure Banking Law Summary Judgment Amendment of Pleadings Debt Recovery Affidavit Evidence Jurisdiction Liquidated Sum +2 more

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Parties

The Governor and Company of The Bank of Ireland

Plaintiff/respondent

Gerry Ward

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Order Permitting Amendment of Summary Summons and Admission of Further Affidavit Evidence

Legal Issues

  1. 1 Whether the High Court erred in granting the Bank liberty to amend the summary summons and to adduce further affidavit evidence
  2. 2 Whether the Bank's delay in seeking amendment was fatal to its application
  3. 3 Whether the amendments and further evidence were necessary and permissible under the rules of court

Ratio Decidendi

The Court of Appeal held that the High Court correctly exercised its discretion in permitting the Bank to amend the summary summons and to adduce further affidavit evidence. The amendments were necessary to clarify the claim in accordance with Supreme Court authority, the delay was adequately explained by the Covid-19 pandemic and did not cause irremediable prejudice, and the defendant's substantive defences went to the merits and not to the procedural applications under appeal.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court permitting amendment of the summary summons and admission of further affidavit evidence affirmed
  • No order as to costs in respect of the motion to amend