The wife of businessman Sean Quinn claimed recently in the Commercial Court that she was under the undue influence of her husband when she signed up for a personal loan from the former Anglo Irish Bank, back in 2006.

In her defence, Patricia Quinn claimed that she did not understand what she had signed up to, that she had no day to day business dealings and that she was a homemaker and not a businesswoman.  It was on these grounds that she claimed she was not liable for the repayment of this personal loan, which was in excess of €3 million.

Mr Justice Kelly in response, had no time for the “startling proposition” that Patricia Quinn, a director of over 80 companies in Ireland and beyond, and a company secretary of 10, could be the “cats paw” of her husband and was “clueless” about her role as director. 

Mr Justice Kelly found no evidence of undue influence by her husband Sean Quinn and said there had been no presumption of undue influence in a court of law, between a husband and wife since 1750!  It really would be a peculiar state of affairs if every wife in Ireland was presumed to be under the undue influence of her husband!

Furthermore, he stated that Patricia Quinn “gave no thought to what she was signing” and she could not now come before the court and claim that she did not understand what she had signed.  “What could be more negligent than willy-nilly signing of legal documents without any thought to their nature and effect?”

The law demands personal responsibility and has heralded women’s autonomy and free will since the 18^th century.  There are no excuses. Read the fine print and inform yourself.  The courts will make short shrift of a spouse claiming undue influence except in the most exceptional of cases. If you feel pressurized into entering into a transaction or feel you would benefit from independent legal advice, contact Irwin Solicitors.  Irwin Solicitors have extensive experience dealing with a breadth of family law matters.

 

At a Seminar yesterday, hosted by the IADT in Dun Laoghaire, eight academics from English, US and Irish universities gave papers on the treatment by the Media of the Recession and the way it presents gender issues in movies such as The Company Men and Wall Street.
The final paper addressed the issue of negative equity and how it can trap people in an unhappy homelife, the couple unable to break free from each other and move on.
The storyline of the American Horror Movie is the relocation of a family at the request of the patriarch (the father)to the West Coast of America. He insists the family will live happily ever after  in the house of their dreams.
However, it turns out that the house is haunted by the souls of the many people who had been murdered there.
They end up in a living hell where the one thing harder then separating was "living together".
The manner in which the family is trapped, unable to move on, becomes a symbol for the many thousands who are trapped in Negative Equity across the US and indeed the world - in many ways its own "Horror Story".
The way this is treated in the media hepls us to recognise the grief and hardship being sugffered by ordinary people experiencing the Recession. This is only a flavour of the many papers delivered in this stimulating and progressive gathering.
It was attended by representatives of the Dun Laoghaire Rathdown Chamber of Commerce, including members of the Women in Business group. The even was supported by the Dun Laoghaire County Enterprise Board and the Dalkey Business Group.
Well done to Paula Gilligan of the IADT for putting the day together.