Summary Judgement Application Dismissed By Master of High Court- What next?

[Yellow Belly]

A bank had attempted to register summary judgement against me through The High Court- re debt relating to the Custom House Capital debacle. It went to The Masters Court initially and both the plaintiff (a leading Bank) and defendant (myself) lodged affidavits/reply affidavits before the court and the Bank sought to have the matter referred for full hearing however I had discovered that among other things the Bank had made a a serious error in their original (sworn) affidavit and they had to admit this in subsequent affidavits. The Master was none too impressed that they had sworn incorrect information and put this in front of the court as part of their application and also with various other aspects of their case so his order was to dismiss the case with costs awarded to me.

I now have the following queries:

• Can the Bank re-enter the case dismissed by the Master?
• As I was representing myself (having taken legal advice seperately from a friend in the legal profession- what costs am I entitled to? There was a huge amount of time/travel etc spent preparing my case and 3 different hearings in The Masters Court but can I charge for this?
• What happens to the debt (which in itself is actually quite complex)?
• Has anyone else had a similar experience in The Masters Court or indeed in relation to Custom House Capital?

 

[mf1]

• Can the Bank re-enter the case dismissed by the Master?

If they intend to go ahead, they will start with new proceedings. The problem with the Master dismissing a case is that it does not end the matter, it just means it goes on for longer

• As I was representing myself (having taken legal advice seperately from a friend in the legal profession- what costs am I entitled to? There was a huge amount of time/travel etc spent preparing my case and 3 different hearings in The Masters Court but can I charge for this?

No. You have not incurred any legal costs, only expenses

• What happens to the debt (which in itself is actually quite complex)?

It is still there

• Has anyone else had a similar experience in The Masters Court or indeed in relation to Custom House Capital?

Many of the Master's decisions are appealed to the High Court

mf

 

[Mr Holmes]

Who introduced you to Customs House Capital, was it the bank ?

 

[Mr Holmes]

If your friend can give you his vouched receipt for the legal advice he/she dispensed to you, then you can claim this amount from the bank.

 

[Yellow Belly]

Thank you for the help.

Was introduced to Custom House Capital (CHC) by a firm of accountants. CHC then put the accountants in contact with the Bank whom had a specific scheme of arrangement to provide finance for investment solely into CHC funds & have admitted this in emails to me. It is actually really complicated as the loans seem to have been arranged & issued by the Banks UK arm even though they were for investment in an Irish fund and in Euro not sterling. It is an unholy mess.

Yes I must get a my legal friend to bill me for their services as to be fair that was a major help and was done for free (to date) as I couldn't afford to pay.

 

[Dermot]

Yes I must get a my legal friend to bill me for their services as to be fair that was a major help and was done for free (to date) as I couldn't afford to pay.

Do that in case you might need them again and your legal friend might feel that they got some reward for the work to date

 

[Mr Holmes]

Thank you for the help.

Was introduced to Custom House Capital (CHC) by a firm of accountants. CHC then put the accountants in contact with the Bank whom had a specific scheme of arrangement to provide finance for investment solely into CHC funds & have admitted this in emails to me. It is actually really complicated as the loans seem to have been arranged & issued by the Banks UK arm even though they were for investment in an Irish fund and in Euro not sterling. It is an unholy mess.

Yes I must get a my legal friend to bill me for their services as to be fair that was a major help and was done for free (to date) as I couldn't afford to pay.

It appears to me that if you have such an email from the bank, the bank could be held to be contributory negligent in this case, as they would have had a duty of care to you when advising you in this regard, with respect to the scheme. I am aware that this case is still being investigated by the Garda Fraud squad, and is very complex in nature so I will not comment further on same. Maybe a solicitors letter advising the bank in question of this possibility may bring them to the negotiation table.

 

[Yellow Belly]

Bank have appealed the Masters decision to dismiss their case and re-entered there application for judgement in to the common law High Court. My case is listed as "Motion for Sitting" next week- does this mean that I will actually get a hearing/ruling or just be given a date for hearing?

The Banks solicitors actually contacted me today to say that they "were not in a position to proceed with their application" on Monday and requesting a mutually consented ? I declined the offer as I want this dealt with ASAP as it is a complete stitch up & it is typical of how they have operated to be the plaintiff looking for a fast track summary judgement but then want adjornments as they are not in a position to proceed?

Any advice or comments appreciated as I think it is just an attempt by the Bank to keep the ball in play but avoiding any judgement which could set precedence for other cases which they may take?

 

[Lone Star]

I would agree to adjourn (but turn up to be sure they are not lying ) and get advice on what to do re Monday list....darn just saw the date it's probably already been heard...
Costs & Expenditure; travel - charge mileage rates eg. 59c a kilometre, parking, lunch, printing (stationery ink etc), swearing/stamping of affidavits etc, legal advice and travel to same, loss of earnings each day you were in master court .
I'd be looking for at least. 400 per day all in.