Allied Irish Bank plc -v- Pierce [2015] IECA 87 (22 April 2015)

Allied Irish Bank plc -v- Pierce [2015] IECA 87 (22 April 2015)

The particulars provided in the summary summons were sufficient for the defendant to understand the claim, and the Master had no jurisdiction to strike out the summons in a contested case; only the High Court could do so.

Citation
[2015] IECA 87
Parties
Plaintiff/appellant: Allied Irish Banks plc; Defendant/respondent: Eileen Pierce
Jurisdiction
Ireland
Judgment Date
22 April 2015
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Summary Summons Particulars
Outcome
appeal allowed
Legal Topics
Summary Summons, Particulars of Claim, Jurisdiction of Master, Pleadings, Liquidated Debt
Civil Procedure Banking Law Summary Summons Particulars of Claim Jurisdiction of Master Pleadings Liquidated Debt

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Parties

Allied Irish Banks plc

Plaintiff/appellant

Eileen Pierce

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Summary Summons Particulars

Legal Issues

  1. 1 What level of particulars is required in a summary summons for a liquidated debt under Ord. 4, r. 4 of the Rules of the Superior Courts, 1986?
  2. 2 Does the Master of the High Court have jurisdiction to strike out a summary summons in a contested case?

Ratio Decidendi

The particulars provided in the summary summons were sufficient for the defendant to understand the claim, and the Master had no jurisdiction to strike out the summons in a contested case; only the High Court could do so.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Order of the Master striking out the summons set aside