Book Description

Summary Judgment in Ireland: Principles and Defences is a single source book that deals solely with the issue of summary judgments and is an efficient and convenient way for practitioners to research points relating to practice and procedure.A summary judgment is a judgment usually entered in a court office or by a court official for a fixed and agreed amount of money due as a debt where the person owing the money has not answered or entered a defence to the proceedings. A summary judgment is entered without the appearance of either party in court based on affidavit filed in the court office. Having a single volume to deal solely with the issue of summary judgments is an efficient and convenient for practitioners, solicitors and barristers in particular.Summary Judgment in Ireland: Principles and Defences describes the various situations in which the summary summons (fast-track debt collection) procedure provided for under Order 37 of the Superior Court Rules will be likely to succeed. Primary defences to this procedure, such as recent High and Supreme Court jurisprudence and precedents from other common law jurisdictions, are included.Contents includes:Introduction;Summary of the procedure;Application for summary judgment;Undue Influence/Duress;Agency;Fraud/Misrepresentation;Reckless Trading.