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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 defendants. Judgment was entered against
the third named defendant via the Central Office as he had not