Summary Summons Not Adequately Pleaded

• Published date: 30 June 2022
• Law Firm: William Fry
• Author: Ms Lisa Carty and Deirdre O'Donovan

In AIB PLC v Dorey [2022] IEHC 317 the plaintiff issued a summary summons on foot of three loans made to the defendant in 2008. It came before the High Court on foot of an application for judgment in default of appearance. Although the application was for judgment in default, with the plaintiff's consent, the High Court (Court) approached the application as one for summary judgment. It followed that the Court had to consider whether the plaintiff had adequately pleaded and proved a prima facie case. The particular issue that was the focus of the Court's judgment was whether the plaintiff's plea in the summary summons was sufficient to satisfy the requirements laid down by the Supreme Court in Bank of Ireland Mortgage Bank v O'Malley[2019] IESC 84. O'Malley requires pleadings to specify how a sum allegedly due is calculated (Information Obligation). For further information, see our article on O'Malleyhere.

The summary summons in Dorey pleaded as follows:

"Short particulars of [the sum due] are set out hereunder and full particulars of the Defendant's indebtedness have previously been notified...