Undue influence
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Governor and Company of the Bank of Scotland v Hill and another
Undue influence — Independent advice — Judge finding appellant liable under charge to bank — Appellant claiming charge unenforceable because of husband’s undue influence — Whether bank discharging duty to…
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Padgham and another v Rochelle and another
Agricultural holding — Tenancy — First defendant claiming agricultural tenancy — Whether disposition made by oral agreement, or signed document or resulting from undue influence — Claim allowed
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PP 2002/114
Lender failing to ensure that wife properly advised. The prospects of a mortgagor raising a so-called O’Brien defence (explained in PP 2001/59) may well have dimmed since the House of…
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Royal Bank of Scotland v Etridge (No 2) and other appeals
Mortgage – Undue influence — House of Lords refining principles enunciated in Barclays Bank plc v O’Brien [1994] AC 180 — Wife consenting to unlimited charge by bank on jointly…
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Barclays Bank plc v Goff
Wife receiving independent legal advice prior to signing loan facility agreement secured by property – Wife claiming undue influence – Whether wife’s opportunity to receive independent advice sufficient to rebut…
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Leggatt and another v National Westminster Bank
Husband and wife granting unlimited charge over matrimonial home – Wife subsequently signing unlimited guarantee in favour of bank guaranteeing liabilities of husband’s partnership – Original charge replaced with new…
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Bank of Scotland v Bennett and another
Husband buying company – Husband and wife executing guarantee and charge over home – Company failing – Bank claiming possession under charge – Whether husband exercising undue influence – Whether…
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Bank of Cyprus (London) Ltd v Markou and another
Wife induced by husband to give unlimited guarantee to plaintiff bank against indebtedness of company operated solely by husband – Wife joining in charge of family home to secure guarantee…
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National Westminster Bank plc v Amin and another
Parents mortgaging home to secure son’s loan – Bank seeking to realise security – Wife claiming undue influence – Whether lender took reasonable steps to ensure agreement of wife to…
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Northern Rock Building Society v Archer; Archer v Hickmotts
Sister taking mortgage loan to fund new practice for solicitor brother – Brother joining in mortgage deed as surety for sister’s obligations – Documentation showing sister to be principal borrower…
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Scottish Equitable Life Society v Virdee and another
Lender obtaining possession order – Wife claiming overriding interest under section 70(1)(g) of the Land Registration Act 1925 and applying for possession order to be set aside – Whether lender…
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Midland Bank plc v Serter and another
Guarantee — Legal charge over matrimonial home — Wife acting as surety — Bank setting possession of property — Assumption of presumed undue influence by husband — Whether bank took…