Court rules sister must pay brother one million euros

John Garfield lent his sister, Judith Glass Garfield, £300,000 in 2000 to buy a house and equestrian centre in France, on the understanding it would be repaid by 2010, with 4.5% interest.

However, the money was not repaid and the court rejected Mrs Glass Garfield’s argument that she had already handed over 450,000 euros in cash to her brother to clear the debt.

In the judgment, Lt-Bailiff Hazel Marshall said the Jurats found that Mrs Glass Garfield, 75, had deceived her younger brother for more than seven months, in a bid to get the debt to a point where she believed it would be written off.

They also rejected Mrs Glass Garfield’s argument that she had repaid the money in cash. Lt-Bailiff Marshall said the Jurats found Mrs Glass Garfield’s evidence, which was given by video link from France, ‘vague and frequently inconsistent’.

‘She apparently had no qualms about making accusations of improper and disgraceful conduct against Mr Garfield (in particular with regard to his tax affairs) without any supporting evidence and even in the context where she admitted she “did not know” but only believed,’ the Lt-Bailiff said in the judgment.

‘They also noted a repeated tendency to blame other people for difficulties or misfortunes which had beset her.

‘They found her evidence to be, in places, implausible and, regrettably coloured by an underlying animosity towards Mr Garfield, which was scarcely hidden.’

They did also note that Mr Garfield may not have been as close to his sister’s affairs as he made out, particularly as he mistakenly believed Mrs Glass Garfield had had brain surgery in about 2011, 10 years after it had actually taken place.

Ms Marshall said the Jurats stated Mr Garfield had a sense of family duty to his sister, but this did not seem to extend to deep affection, and they found him to be quite astute about his business affairs.

Following these considerations, the court granted Mr Garfield his claim for 1,012,588.48 euros, which is the original loan, plus 4.5% interest between July 2001 and July 2018. Mrs Glass Garfield was also ordered to repay her brother’s legal costs.

Ms Marshall noted the ‘remarkable size’ of the debt, but noted that Mrs Glass Garfield had agreed to the 4.5% compound interest.

Mrs Glass Garfield has 28 days in which to appeal.

Mr Garfield was represented by Advocate Mark Dunster and senior associate Julia Schaefer from Carey Olsen.