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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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Can a summary judgement that was not defended be overturned

Resolved Question:

Can a summary judgement that was not defended be overturned a year or so later.?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. In order to set aside a summary judgment order previously granted over a year ago, you will have to seek the leave of the court to defend the action. The money value of the summary judgment will have to be lodged in court to the credit of the action and good reasons will have to be given as to why it was not defended at the outset. Otherwise leave to defend will not be given if there is no good reason why the action should now be allowed to be defended. For example if the defendant was suffering from a disability, such as a psychiatric illness, or did not have notice of the proceedings, these would be good grounds for the granting of leave to defend.

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Buachaill, Lawyer
Satisfied Customers: 8401
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.

and if badly advised at the time would that be grounds? also what is money value could this be a promissory note?

Expert:  Buachaill replied 1 year ago.

2. Incorrect legal advice would be grounds. However, you would have to specify how you were badly advised if you cannot point to any definite basis for not doing anything. Secondly, when I say "money value", I mean hard cash, not a promissory note. The money gets lodged with the High Court accountant where it earns a puny interest rate while the action continues. The reason I used the term "money value" was to cover the situations where a summary judgment was obtained in relation to land or property. Here the value of the land or property in money would have to be lodged.

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