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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Summary Judgment in Ireland: Principles and Defences 2nd ed


ISBN13: 9781526506566
Previous Edition ISBN: 9781780432274
To be Published: April 2024
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Paperback
Price: £150.00



Summary judgment is the judgment which may be given where the plaintiff's claim in a Circuit Court civil bill is for: a debt or liquidated demand in money; for the delivery or specific good in an action for detinue; for the enforcement, performance or carrying out of a trust; or for ejectment, with our with out a claim for rent or mesne profits. The plaintiff may apply to the court for summery judgment where the defendant has entered an appearance or has delivered a defence.

This book enables practitioners to research the current principles guiding the court's jurisdiction in this area and to identify defences which they might employ to defeat applications for summary judgment.

This second edition looks into the compatibility of summary judgment procedure with the ECHR; the unfair terms in the Consumer Contract Directive and its impact for summary judgment applications and the enforcement of solicitors' undertakings in applications for summary judgment.

Subjects:
Irish Law
Contents:
Chapter 1. Summary Judgment:
Procedure
Form of High Court Summons
Test to be Employed on an Application for Summary Judgment
Disputes of Fact and Law
Importance of Consistency when Hearing Related Claims
Counterclaim and Set-Off
Stay
Lodgments
Penalties
Bond or contract under seal
Revenue applications
Judgment in quantum meruit
Continuing Debts
Contingent and Prospective Debts
Solicitors’ Fees
Summary Judgment in Cases of Ejectment and Forfeiture
Trusts
Taking of accounts
Defamation
Continuance of Proceedings as against Administrators of an Estate

Chapter 2. Equitable Defences: Undue Influence, Unconscionable Bargains and Duress:
Undue Influence
Remedying Constructive Knowledge of Potential Undue Influence
Constructive Notice of Non-Personal Relationships
Unconscionable Bargains/Improvident Transactions
Duress

Chapter 3. Lenders’ Duties:
Duty to Advise Customers
Duty of Care to Customer
Duty of Care to Vulnerable Customers
Fiduciary Duty
Negligent Misstatement
Reckless Lending
Consumer Protection
Unfair Terms of Consumer Contracts
Contracts Negotiated away from Business Premises
Distance Marketing of Financial Products

Chapter 4. Contractual Defences:
Promissory Estoppel
Frustration
Mistake
Misrepresentation
Fraudulent Misrepresentation
Negligent Misrepresentation
Innocent Misrepresentation
Misrepresentation and Contracts of Surety
Rescission
Parol Evidence and Collateral Contracts
Parol evidence
Implied Terms