Introduction
A recent decision1 has reaffirmed that, 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 that those terms and conditions were never furnished to
the borrower as part of a summary judgment application. Although
the decision was given in the specific context of a bank/client
relationship, it is of broader interest in terms of the
incorporation of contractual terms and also sets out a useful
overview of the summary judgment jurisdiction, which is typically
used for liquidated damages (or debt) claims.
Background
The plaintiff was the national agency which took over
non-performing loans from the state's banks. The defendant was
involved in a property investment transaction for which money was
loaned by one such bank. The loan was subsequently transferred to
the plaintiff, which ultimately sought summary judgment against the
defendant for over €1.25
