Undue influence
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Forsdike v Forsdike
Aged parent and son joint owners of house – Parent executing deed giving his share to son – No independent legal advice – Claim to set gift aside for undue…
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Quinn v Challinor Roberts Cooksey
Husband and wife charging matrimonial home – Charge securing husband’s liabilities – Husband’s liabilities including guarantee in respect of business – Husband’s business failing – Bank requiring sale of home…
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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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Royal Bank of Scotland v Etridge and conjoined appeals
Hearing eight conjoined appeals, the Court of Appeal set out the consideration given in Barclays Bank plc v O’Brien [1994] AC 180 to whether a bank was entitled to enforce…
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Midland Bank plc v Bow and another
Appellant entering two charges on matrimonial home – Appellant entering initial charge by husband’s undue influence – Mortgagee seeking to enforce charge – Judge making order for possession of property…
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Bank of Scotland v Bennett and another
Wife having small shareholding in husband’s business – Wife sole owner of matrimonial home – Husband persuading wife to mortgage home to finance business expansion – Husband exercising 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.