When Can A Bank Deponent Be Cross-examined In A Debt Case - Finance and Banking
The High Court (Simons J), in a recent decision delivered on 18 January 2021 [ AIB v Joe O'Callaghan & others 2] considered and ultimately refused the plaintiff bank's (the “ Bank”) application for special leave to use their deponents' affidavit evidence without producing the deponents for cross-examination. Facts The Bank issued summary judgment proceedings against the defendants in 2016 seeking to recover monies allegedly owed to it pursuant to a 2008 loan facility. In March 2017, it brought a motion seeking liberty to enter final judgment against the first, second and fourth named de...