Guarantors: Independent Legal Advice?

18-05-2017

Author: Orla O’Connor, Hilary Callanan, Kathleen Garrett, Grainne Hennessy, Kevin Lynch, David Molloy, Niamh Quinn, Ultan Shannon, Maedhbh Clancy



The Court of Appeal’s position is now very clear on the question of guarantors needing independent advice – unless an individual guarantor has an arguable defence that he/she has been the subject of undue influence or misrepresentation by the debtor, the Courts will not find that the lender was under a positive duty to ensure that the guarantor received independent legal advice.

Read the full briefing here.

 

Download PDF