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Court of Appeal dismisses appeal of summary judgment made against defendant in the sum of €6,324,959.81, on foot of a loan facility provided by a bank for the purchase and development of property in County Meath, finding that: 1) the trial judge was correct in his approach to the essential requirements of an arguable defence of non est factum; and 2) no evidence was adduced that the defendant took reasonable precautions in the circumstances to establish the amount of liability he was undertaking if he signed a facility letter from the bank.
Summary judgment in the sum of €6,324,959.81 – bank provided loan facilities to four defendants for various property developments in County Meath - whether borrowings were made as “consumers” within the meaning of the Consumer Credit Act 1995 or as members of a partnership – trial judge found that there was no arguable defence – non est factum defence – defendant claims to suffer from dyslexia and cannot read properly – trial judge was correct in his approach to the essential requirements of an arguable defence of non est factum – whether defendants took reasonable precautions in all the relevant circumstances to find out what was the document they signed – appeal dismissed.
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