High Court grants a financial institution summary judgment in the sum of €1,648,147.97 against a defendant shareholder and company director who signed a guarantee for the borrowings of a company she directed with her husband, on the grounds that the defendant had experience of financial matters and that the doctrine of non est factum did not apply.
Motion for summary judgment on foot of a summary summons issued in June 2014 where a sum of €1,648,147.97 is claimed by the plaintiff financial institution against the defendant on foot of a guarantee of April 2010 - guarantee relates to the borrowings of a company that was operated by the defendant's husband - both the defendant and her husband were at all material times directors of the company - defendant was advised by the plaintiff to seek legal advice before signing the guarantee - receiver was appointed by the plaintiff in January 2011 - bankruptcy summonses were issued by the bank against both the defendant and her husband - this bankruptcy summons against the husband was dismissed by the High Court in August 2012 - defendant's husband was adjudicated bankrupt in Swansea in August 2012 - defendant averred that she did not believe that the guarantee documents exposed her to a personal liability - defendant claimed she was entitled to rely on the doctrine of non est factum - loans in this case were for the benefit of the company, of which the defendant was the major shareholder as well as the secretary and director - defendant regularly attended meetings with the bank - a person raising non est factum must prove that there was a radical or fundamental difference between what they signed and what they thought they were signing - plaintiff cannot recover more than is due to it - no question of double recovery - plaintiff entitled to judgment.