Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JULY 2013

Matheson Banking Update - It Wasn’t Me!!

Matheson
Explore more from Matheson

"Non est factum" was argued successfully before the Irish High Court recently when Charleton J dismissed a claim by Friends First Finance Limited for €1.75 million.

IrelandFinance and Banking
Patrick Molloy
Patrick Molloy
Libby Garvey
Libby Garvey
Peter O'Brien
Peter O'Brien
William Prentice
William Prentice
Niall Horgan
Niall Horgan
Chris Quinn
Chris Quinn
Author LinkedIn connections

Non est factum (it was not my deed) was argued successfully before the Irish High Court recently when Charleton J dismissed a claim by Friends First Finance Limited (FF) for €1.75 million against Peter Lavelle (PL) and Charlotte Lavelle (CL).

Friends First Finance Ltd -v- Lavelle

FF claimed that CL borrowed €1.75 million pursuant to certain loan documentation entered into in December 2007. Payments under such documentation were guaranteed by her husband PL pursuant to a guarantee entered into at the same time. Early in 2012, FF claimed that CL defaulted on the payments due so they demanded repayment of the loan and sought recourse to the guarantee.

Defences

  • CL, raising the defence of non est factum, argued that she never borrowed the money allegedly loaned to her. She explained that while she signed the loan agreement and supporting documentation, she had been given such documentation by PL who presented them to her for the purposes of settling monies into

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

CBI Consults On Third-Party Risk

The Central Bank of Ireland has published a consultation paper proposing new guidance on managing third-party risks that extends beyond traditional outsourcing to encompass partnerships, joint ventures, and fintech collaborations. The proposed framework aligns with recent European Banking Authority guidelines and DORA, introducing a lifecycle-based approach with enhanced contractual provisions and broader scope than the 2021 guidance it will replace. Financial entities now face the challenge of identifying
IrelandFinance and Banking
William Fry LLP
William Fry LLP
Article

Final EBA Guidelines On The Sound Management Of Third-party Risk: What Financial Entities Need To Know

The European Banking Authority has published final Guidelines on the sound management of third-party risk regarding non-ICT services, replacing the 2019 Outsourcing Guidelines and introducing a broader regulatory framework. Financial entities will need to navigate expanded scope requirements, enhanced governance standards, and alignment with DORA while managing compliance timelines and contractual obligations.
IrelandFinance and Banking
Arthur Cox
Arthur Cox
Article

Alternative Investment Funds

Ireland offers a sophisticated regulatory framework for Alternative Investment Funds, with structures ranging from ICAVs and Investment Limited Partnerships to Unit Trusts and Common Contractual Funds. The jurisdiction provides flexible options for both retail and institutional investors, with distinct regulatory pathways for RIAIFs, QIAIFs, and ELTIFs, each designed to accommodate different investment strategies and liquidity profiles while maintaining robust investor protections.
IrelandFinance and Banking
K&L Gates
K&L Gates
Article

SFDR 2.0 Trialogue Negotiations: Key Areas Of Focus For Fund Managers

The European Commission's proposed overhaul of the SFDR regime is entering crucial trialogue negotiations, with the Irish Presidency aiming to reach agreement by year-end. While the Council and Parliament have aligned on key issues like professional investor opt-outs, significant divergences remain on exclusion criteria for Transition funds, PAI reporting requirements, and engagement strategy disclosures that will shape the future of sustainable finance regulation.
European UnionFinance and Banking
Dillon Eustace
Dillon Eustace