The Supreme Court has just handed down a judgment which could create a “speed bump” for banks/vulture funds if their pleadings do not properly “particularise the amounts that they are owed.

Mr. O’Malley appealed a High Court judgment obtained by Bank of Ireland, claiming that there was uncertainty on his part as to his liability over the sum due.

The bank said the burden of proof had been discharged having regard to the details in the documents provided. However, the Supreme Court sent the matter back to the High Court for reconsideration. The Court said the bank should amend its claim to include such details as it may think appropriate and further evidence to “fill the evidential gap” which had been identified before the High Court reconsiders it.

I set out below a link to the judgment:

PS: The link may not work well on mobile devices.

The judgment could create particular difficulties for vulture funds in seeking judgements as sometimes they do receive enough detail when they purchase their loans to particularise their claims.