Bank of Scotland Plc -v- Stapleton [2012] IEHC 549 (29 November 2012)

Bank of Scotland Plc -v- Stapleton [2012] IEHC 549 (29 November 2012)

Evidence as to the arrears on the defendant’s mortgage account must be provided by an officer or partner of the plaintiff bank; evidence from an employee of an outsourced service company is inadmissible hearsay and does not comply with the Bankers’ Books Evidence Acts 1879-1959.

Citation
[2012] IEHC 549
Parties
Plaintiff/respondent: Bank of Scotland Plc; Defendant/appellant: Julia Stapleton
Jurisdiction
Ireland
Judgment Date
29 November 2012
Procedural Posture
Civil Appeal / Appeal From Circuit Court Order for Possession
Outcome
appeal allowed
Legal Topics
Admissibility of Evidence, Bankers’ Books Evidence Acts, Hearsay, Mortgage Enforcement
Civil Procedure Evidence Banking Law Admissibility of Evidence Bankers’ Books Evidence Acts Hearsay Mortgage Enforcement

Case Brief

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Parties

Bank of Scotland Plc

Plaintiff/respondent

Julia Stapleton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Order for Possession

Legal Issues

  1. 1 Whether evidence given by an employee of an outsourced service company (Certus) is admissible to prove arrears on a mortgage account under the Bankers’ Books Evidence Acts 1879-1959
  2. 2 Whether such evidence constitutes inadmissible hearsay

Ratio Decidendi

Evidence as to the arrears on the defendant’s mortgage account must be provided by an officer or partner of the plaintiff bank; evidence from an employee of an outsourced service company is inadmissible hearsay and does not comply with the Bankers’ Books Evidence Acts 1879-1959.

Court Disposition

appeal allowed

Orders

  • Order of the Circuit Court dated 24th January 2012 for possession vacated
  • Plaintiff's entitlement to recover possession set aside