Ulster Bank Ireland Ltd v Beades [2019] IESC 83 (25 November 2019)

Ulster Bank Ireland Ltd v Beades [2019] IESC 83 (25 November 2019)

The appellant failed to establish any arguable ground or credible evidence for a defence to the debt claim; Ulster Bank Ireland Limited was the correct plaintiff; the demand letter was valid; affidavit evidence was admissible; and alleged misappropriation was not a defence to the proceedings.

Citation
[2019] IESC 83
Parties
Plaintiff/respondent: Ulster Bank Ireland Limited; Defendant/appellant: Jerry Beades
Jurisdiction
Ireland
Judgment Date
25 November 2019
Procedural Posture
Summary Summons for Debt Recovery / Appeal From High Court Judgment to Supreme Court
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Debt Recovery, Bankers’ Books Evidence Act, Consumer Status, Fair Trial Rights
Banking Law Contract Law Civil Procedure Summary Judgment Debt Recovery Bankers’ Books Evidence Act Consumer Status Fair Trial Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 27 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ulster Bank Ireland Limited

Plaintiff/respondent

Jerry Beades

Defendant/appellant

Procedural Posture

Summary Summons for Debt Recovery / Appeal From High Court Judgment to Supreme Court

Legal Issues

  1. 1 whether Ulster Bank Ireland Limited was the correct plaintiff
  2. 2 validity of demand letter
  3. 3 admissibility of affidavit evidence under Bankers’ Books Evidence Act

Ratio Decidendi

The appellant failed to establish any arguable ground or credible evidence for a defence to the debt claim; Ulster Bank Ireland Limited was the correct plaintiff; the demand letter was valid; affidavit evidence was admissible; and alleged misappropriation was not a defence to the proceedings.

Court Disposition

appeal dismissed

Orders

  • judgment for Ulster Bank Ireland Limited in the sum of €3,521,735.02 plus interest as provided by statute
  • costs awarded to Ulster Bank Ireland Limited