Courts / Kildare / Report

High Court sets aside €6.9m judgement order made against stud farmer

Summary

In February 2017 the High Court set aside a €6.9 million judgment that had been entered against Eugene McDermott, a stud farmer from Kildare, in favour of the Bank of Scotland. Mr Justice Max Barrett ruled that the judgment, delivered in July 2013 by Mr Justice Peter Kelly, should be reheard because McDermott was in very poor mental health at the time the bank applied for judgment and had no recollection of being served with the documents that formed the basis of the claim. McDermott had not been present in court and could not obtain legal representation due to his illness. The judge noted that the court had not been aware of McDermott's health condition when the original judgment was made. Barrett therefore set aside the judgment and ordered that the bank's application for summary judgment be reconsidered, with a re‑hearing to take place later in the year.

Who, what, where, when and why

What: Report matter: High Court sets aside €6.9m judgement order made against stud farmer. Procedural stage: hearing_or_decision

When:

• July 2013 Hearing Or Sentence
• June 2012 Other
• 2017-02-15 Publication

Why: The judge said the judgment should be set aside because the applicant was in such a poor mental ill health at the time the bank applied for judgement that he had no recollection of ever having being served with the documents supporting the bank's claim. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report