Irish Life and Permanent PLC -v- Hudson & Anor [2012] IEHC 11 (13 January 2012)

Irish Life and Permanent PLC -v- Hudson & Anor [2012] IEHC 11 (13 January 2012)

The defendants' proposed defences, based on alleged oral representations contradicting the written loan agreements, are not credible or supported by evidence. The formal, commercial nature of the transactions, the existence of executed documents, and the defendants' conduct and professional advice negate any real or bona fide defence. Summary judgment is appropriate.

Citation
[2012] IEHC 11
Parties
Plaintiff: Irish Life and Permanent plc trading as Permanent TSB; Defendant: Ronald Hudson; Defendant: Miriam Hudson
Jurisdiction
Ireland
Judgment Date
13 January 2012
Procedural Posture
Summary Judgment Application / High Court Judgment
Outcome
Summary judgment for the plaintiff
Legal Topics
Summary Judgment, Mortgage Enforcement, Defences to Debt Claims, Negligent Misstatement, Agency, Commercial Lending
Banking Law Contract Law Civil Procedure Summary Judgment Mortgage Enforcement Defences to Debt Claims Negligent Misstatement Agency +1 more

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Parties

Irish Life and Permanent plc trading as Permanent TSB

Plaintiff

Ronald Hudson

Defendant

Miriam Hudson

Defendant

Procedural Posture

Summary Judgment Application / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment on foot of mortgage loans
  2. 2 Whether the defendants have a fair or reasonable probability of a real or bona fide defence
  3. 3 Whether alleged oral representations by an agent can override written loan agreements

Ratio Decidendi

The defendants' proposed defences, based on alleged oral representations contradicting the written loan agreements, are not credible or supported by evidence. The formal, commercial nature of the transactions, the existence of executed documents, and the defendants' conduct and professional advice negate any real or bona fide defence. Summary judgment is appropriate.

Court Disposition

Summary judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum claimed plus continuing interest