Hearsay Evidence in Debt Collection – Case Law

 

This short-module gives participants an understanding of how Irish law has developed in relation to hearsay evidence in debt collection cases and the challenges that exist in the aftermath of the Stapleton and Dermody decisions of the High Court.

It is particularly relevant to solicitors and barristers with a background in debt collection/banking litigation.  

Content:

  • An explanation of the concept of hearsay and its importance in civil and criminal law;
  • An analysis of types of out of court statement not regarded as hearsay;
  • An analysis of the exceptions to the hearsay rule;
  • An analysis of how hearsay is normally handles in civil procedure and why it becomes an issue in debt collection cases;
  • The Fallout of the House of Lords decision in Myers v. DPP and of the Supreme Court in Hunt v. Criminal Assets Bureau;
  • Introduction to the Bankers’ Books Evidence Acts;
  • The problem of written evidence of debt from bank records;
  • The Stapleton and Dermody cases and their aftermath;
  • Post-Dermody case law; and
  • Potential Solutions to the current impasse over hearsay.

Teaching method:

Lecture, PowerPoint;

Duration & pricing:

  • Net-Duration: 1 hour
  • Philanthropist module fee on request
    • Out-reach group bookings are available for this module

To review scheduled booking options, please refer to: 2018 LEGAL CPD programme

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