ISSUING PROCEEDINGS WHEN PLAINTIFF DOES NOT HAVE ALL PROOFS*
An issue arose in a case of Cabot Financial (Ireland) Ltd -v- Kearney 2022 IHC 247, where the Court awarded the cost of a Summary Judgment Motion to the Defendant in circumstances where it was:
“manifestly unreasonable of the Plaintiff to issue a Summary Summons which it could not adequately specially indorse”
In paragraph 44 of the Judgment it states:
“what is clear that during all the time the Defendant was obliged – obliged by the Plaintiff – to attend to these proceedings seeking Summary Judgment and incur the cost, in time, money and stress of doing so, the Plaintiff was, as to pleadings and proofs, not entitled to Summary Judgment and knew it. For all I know it may have believed when issuing the Summary Summons that it was likely to acquire the necessary proofs. But even if that is so, the Plaintiff took the risk of their non-acquisition and I see no reason why it should not bear the costs of the eventuation of the risk it knowingly took”.
This case is a reminder of the importance of making sure that when seeking judgment, you have the necessary proofs in order.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.