According to Xx. Xxxxx the learned judge’s focus in considering the application to set aside the default judgment should have been on Order 13 rule 8 of the rules of the Supreme Court (RSC). Which provides as follows:-
According to Xx. X’Xxxxx palliative care can assist in allowing the plaintiff to die in her own bed, in her own home and surrounded by her family. It can afford her the possibility of dying with dignity in a peaceful and gentle way. When death is expected within quite a short period of time the Irish Hospice Foundation will fund a nurse to attend to that patient overnight for a period of up to 14 nights. This is designed to give an additional layer of support, comfort and reassurance to family members and to others assisting in the care of such a person at home.
According to Xx. X’Xxxxx the idea that the plaintiff would become unable to communicate but would nevertheless remain conscious Xxxxxxxxx Xxxxxx Xxxxxx
According to Xx. Xxxxx, in December, 2011 upon reviewing the Defendant’s files she noticed that on the 21st July, 2011 a cheque in the sum of $17,597.95 was deposited into the Defendants savings account and the Defendant was utilizing the money for personal transactions and nothing was applied to the credit card debt which was in the sum of $17,406.69 as at 21st July 2011 , Xx. Xxxxx said she tried contacting the Defendant but was unsuccessful, and as a result caused a letter to be issued to the Defendant on the 22nd December, 2011 informing her of the outstanding debt.
According to Xx. Xxxxx the manager of the Claimant’s Carlton Centre branch informed her that when the Defendant visited the Carlton Centre Branch, Xx. Xxxxxxxxxxx erroneously checked the T24 system which reflects loans and not the TSYS Prime system which reflects all credit cards on the Claimants books, and it was as a result of this oversight that the non indebtedness letter was issued to the Defendant.
According to Xx. X’Xxxxx palliative care can assist in allowing the plaintiff to die in her own bed, in her own home and surrounded by her family. It can afford her the
According to Xx. X’Xxxxx the idea that the plaintiff would become unable to communicate but would nevertheless remain conscious would not be a likely occurrence as she would most likely succumb to respiratory sepsis. The risk of speech function being lost while swallowing and respiratory functions continue is unlikely as typically they decline roughly in parallel. Further, where patients lose the ability to speak that there are other ways in which they can communicate their needs very efficiently and effectively. Xxxxxxxxx Xxxxxx Xxxxxx
According to Xx. Xxxxxxx S.C., the situation was, to the Chief Justice’s mind, urgent. An urgent solution was needed. That was the reason for the emergency meeting of the JLSC on 27th April 2017. And the JLSC wanted urgent action.
According to Xx. Xxxxxxxxx Xxxxxxx, Head of Term Funding and Money Markets with Ulster Bank Ireland DAC, two of the plaintiff’s loans (nos. 3704 and 3908) were sold by Ulster Bank Ireland Limited to the sixth defendant. This was done by way of securitisation, whereby the legal title to the loans remained with Ulster Bank Ireland Limited (now Ulster Bank Ireland DAC). That mortgage sale agreement was dated 20th November, 2008.
According to Xx. Xxxxx, the DPH Summary also did not qualify as secondary evidence within the meaning of section 43 as it did not fit into any of the categories of document listed in the section and furthermore, the maker of the Summary had not been not called to give an oral account of the circumstances surrounding how, when or why the Summary had been generated. According, to Xx. Xxxxx, the learned judge was therefore correct to find as he did at paragraphs 52 through 54 of his Judgment that the Summary was hearsay and inadmissible.
