Incorporating Contractual Terms By Reference

A recent decision, National Asset Loan Management Limited v Michael Barker and Others [2014] IEHC 216, confirmed that as part of a summary judgment application, depending on the facts, terms and conditions of lending can be incorporated and apply to a bank / client relationship in circumstances where it is contended those terms and conditions were never actually given to the borrower.  Although the decision relates to a bank / client relationship, it is of broader interest in terms of the incorporation of contractual terms generally. It also sets out a useful summary of the summary judgment jurisdiction, which is typically used for debt claims (which we have not reviewed for the purposes of this article).