Allied Irish Banks Plc. v. Lyons & Anor [2004] IEHC 129 (21 July 2004)

Allied Irish Banks Plc. v. Lyons & Anor [2004] IEHC 129 (21 July 2004)

The judgment against the second named defendant is set aside because her solicitor's mistake led to the default, and she has demonstrated a possible defence with a real prospect of success regarding her liability for the increased borrowings. Justice requires setting aside the judgment on terms that protect the plaintiff's interests.

Citation
[2004] IEHC 129
Parties
Plaintiff: Allied Irish Banks Plc.; Defendant: Robert Lyons; Defendant: Josephine Lyons
Jurisdiction
Ireland
Judgment Date
21 July 2004
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment
Outcome
judgment against the second named defendant set aside, conditional on undertakings
Legal Topics
Setting Aside Default Judgment, Joint Account Liability, Mistake by Solicitor, Judgment Mortgage
Civil Procedure Banking Law Setting Aside Default Judgment Joint Account Liability Mistake by Solicitor Judgment Mortgage

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Parties

Allied Irish Banks Plc.

Plaintiff

Robert Lyons

Defendant

Josephine Lyons

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the second named defendant (Josephine Lyons) should be set aside under O.13, r 11 RSC
  2. 2 Whether the second named defendant has a defence with a real prospect of success
  3. 3 Whether the mistake of the defendant's solicitor justifies setting aside the judgment

Ratio Decidendi

The judgment against the second named defendant is set aside because her solicitor's mistake led to the default, and she has demonstrated a possible defence with a real prospect of success regarding her liability for the increased borrowings. Justice requires setting aside the judgment on terms that protect the plaintiff's interests.

Court Disposition

judgment against the second named defendant set aside, conditional on undertakings

Orders

  • Judgment of 16 December 2003 against Josephine Lyons set aside, subject to undertakings not to dispose of her property pending determination of the case and for six weeks after any future judgment.