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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10540
Experience:  Barrister 17 years experience
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If I have a special summons case against me on foot of a

Customer Question

If I have a special summons case against me on foot of a personal guarantee with aib and I have taken a discovery motion arguing that a verbal settlement was made on a business matter, aib have failed to return discovery but a dismissal of the case lets them off the hook, is there a way I can have the facts examined by the judge and a decision reached as to the agreement made.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

1. Basically, you need to seek to apply to court to have this procedure by way of Special Summons converted to a Plenary procedure whereby there are pleadings by both sides and all issues are ventilated. Accordingly, as AIB will have grounded their Special Summons on an affidavit, you need to put in an affidavit of your own, setting out the details of both your defence and the agreement reached on a business matters and seek to have the matter converted to Plenary procedure so the issue of the Agreement can be raised in defence to the Special Summons procedure used by the bank. I know this might sound complicated to a non-lawyer, but essentially all that is being argued about is how the case is best and most fairly dealt with. Purely on affidavit with no oral evidence as in the Special Summons procedure or by a full hearing in open court with oral evidence given by both sides, as in the Plenary procedure. You want the Plenary procedure and you should argue for it both before the Master of the High Court and if the case has been transferred to the Special Summons list on a Monday before a judge, then before that judge. However, you need to swear an affidavit setting out all the facts as you know them so as to back up your case that it go to Plenary procedure.

Customer: replied 2 years ago.
Thank you, ***** ***** I feel needs to happen but I didn't know if the conversion was possible.
Regards Ann
Expert:  Buachaill replied 2 years ago.

2. Yes, conversion is possible and you should seek that it occur.