Master of High Court warns on hearsay business records

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Concerns raised in adjournment of AIB application for summary judgment via IrishTimesBiz

The company, of which Mr Lennon was a director and shareholder, carried out the business of insolvency practitioners and was dissolved in 2014.However, it claims he has not repaid the sum demanded and seeks judgment in the sum of €150,000 plus interest.

He also claims that when the company dissolved, unhappy differences arose between him and his former business partner Barry Forrest in relation to its business in 2009. In his ruling, the Master said the case had raised issues about the use of what he described as hearsay business records as part of proceedings.

The Master added while AIB may seek to apply to admit this material as evidence in its claim, that application must be grounded on some admissible evidence.He said he must conclude that either the bank’s lawyers have not grasped the scheme of new law, or that AIB doesn’t intend to offer any supporting evidence and will rely on the appearance of the documents and nothing else.

 

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