As the author outlines a bank must present a ‘competent witness’.
http://awakenlongford.wordpress.com/2013/01/08/bank-of-scotland-ireland-judgement/
The following is a link to the Judgement made in the High Court in Dublin which makes testimony from employees of Certus, in any form, inadmissible.
Bank of Scotland must present a competent witness, that is, an officer or partner of the Bank, in Court to swear testimony either orally or by affidavit.
This judgement, effectively makes Certus redundant for the purposes of proceedings against an supposed debtor.
Quote:
“The evidence is necessarily hearsay and inadmissible. It offends first principles, and in my view there is no basis in law for permitting it.”
If you do not want to read the entire document, go directly to points 15, 16 & 17.
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