Bank of Ireland -v- Curran & anor [2016] IECA 399 (21 December 2016)

Mrs. Curran failed to provide credible factual evidence for undue influence, unconscionable bargain, or non est factum; mere assertions are insufficient to resist summary judgment. The High Court was correct in granting summary judgment as no arguable defence was established.

Citation: [2016] IECA 399
Parties: Plaintiff/respondent: The Governor and Company of the Bank of Ireland; First Named Defendant: Michael Curran; Second Named Defendant/appellant: Maureen Curran
Jurisdiction: Ireland
Judgment Date: 21 December 2016
Procedural Posture: Civil Appeal / Appeal From Summary Judgment
Outcome: appeal dismissed
Legal Topics: Guarantee Enforcement, Undue Influence, Unconscionable Bargain, Non Est Factum, Summary Judgment Procedure

Contract Law Equity Banking Law Guarantee Enforcement Undue Influence Unconscionable Bargain Non Est Factum Summary Judgment Procedure

Case Brief

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Michael Curran

First Named Defendant

Maureen Curran

Second Named Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

1 Whether Mrs. Curran established a bona fide credible defence to summary judgment on the guarantee
2 Whether the guarantee was unenforceable due to undue influence, unconscionable bargain, or non est factum

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Summary judgment for €1,000,000 in favour of the bank against Mrs. Curran upheld