Undue influence
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Barclays Bank plc v Boulter and another
Husband and wife joint owners of house charged to secure husband’s indebtedness – Wife opposing possession action on ground that husband had misrepresented scope of charge – Whether wife’s pleading…
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Kenyon-Brown v Desmond Banks & Co
Undue influence – Husband and wife mortgaging holiday cottage – Bank instructed solicitor to advise wife before entering into transaction – Presumption of undue influence – Whether solicitor negligent and…
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Davies v Norwich Union Life Insurance Society
Husband and wife charging home to support guarantee to Lloyd’s – Husband replacing guarantee and increasing amount guaranteed – Wife receiving no legal advice about increase in charge – Whether…
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Dunbar Bank plc v Nadeem and another
Matrimonial home charged jointly to secure loan – Wife receiving no legal advice – Wife liable as joint mortgagor – Mortgagee seeking to enforce charge – Whether mortgagee taking reasonable…
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Barclays Bank plc v Coleman and another
Husband’s loan secured by way of charge over matrimonial home – Arrears – Bank seeking possession – Whether application for adjournment of trial properly refused – Whether transaction manifestly disadvantageous…
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Barclays Bank plc v Boulter and another
Husband and wife joint owners of house charged to secure husband’s indebtedness – Wife opposing possession action on ground that husband had misrepresented scope of charge – Whether wife’s pleading…
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Wright v Cherrytree Finance Ltd and others
Widow making home available as security for a loan – Money paid to son-in-law – Son-in-law failing to pay instalments – Widow seeking declaration setting aside mortgage for undue influence…
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PP 2001/59
Duties of lending bank – Duties of advising solicitor. Librarians who have assiduously archived the countless decisions that followed in the wake of Barclays Bank plc v O’Brien [1994] 1…
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PP 2000/102
Put yourself in the position of a bank that has taken a mortgage over a jointly owned matrimonial home as security for the business indebtedness of the now insolvent H.