Lender failing to ensure that wife properly advised
The prospects of a mortgagor raising a so-called O’Brien defence (explained in
Lenders uneasy about their procedures in such cases will find a cautionary tale in UCB Corporate Services Ltd v Williams [2002] 19 EG 149 (CS), and should not be too complacent about the favourable outcome for the lending bank in Governor and Company of the Bank of Scotland v Hill [2002] 29 EG 152 (CS).
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 Lords decision in Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44; [2001] 43 EG 184 (CS), but that does not mean to say that the lender can cheerfully assume that the borrower has been properly advised.
Lenders uneasy about their procedures in such cases will find a cautionary tale in UCB Corporate Services Ltd v Williams [2002] 19 EG 149 (CS), and should not be too complacent about the favourable outcome for the lending bank in Governor and Company of the Bank of Scotland v Hill [2002] 29 EG 152 (CS).
