Thursday February 20, 2020

Evidence rules cannot be 'bent or relaxed' for banks, says judge

A High Court judge has overturned a repossession order in favour of Bank of Scotland because the bank did not send an employee from London to prove the mortgage debt.

13th January, 2013
Mr Justice Michael Peart.

AHigh Court judge has overturned a repossession order in favour of Bank of Scotland because the bank - which no longer has offices in the Republic - did not send an employee from London to prove the mortgage debt.

Last January, Bank of Scotland plc obtained a Circuit Court possession order for a house at Rathcoole, Co Dublin, which belonged to Julia Stapleton and her late husband. The Stapletons had been in arrears with repayments...

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