Barclays Bank plc (Respondents) v Harris (FC) (Executor of Beryl Iris Harris (Deceased) (Appellant); Midland Bank plc (Respondents) v Wallace and Another (AP) (Appellant); Royal Bank of Scotland (Respondents) v Etridge (Appellant); National Westminster Bank plc (Respondents) v Gill and Another (AP) (Appellant); UCB Home Loans Corporation Limited (Respondents) v Moore and Another (AP) (Appellant); (Conjoined appeals) Governor and Company of the Bank of Scotland (Respondents) v Bennett and Another (AP) (Appellant); Kenyon Brown (Respondent) v Desmond Banks and Co (Appellants); Barclays Bank plc (Respondents) v Coleman and Another (FC) (Appellant)
Barclays Bank plc (Respondents) v Harris (FC) (Executor of Beryl Iris Harris (Deceased) (Appellant); Midland Bank plc (Respondents) v Wallace and Another (AP) (Appellant); Royal Bank of Scotland (Respondents) v Etridge (Appellant); National Westminster Bank plc (Respondents) v Gill and Another (AP) (Appellant); UCB Home Loans Corporation Limited (Respondents) v Moore and Another (AP) (Appellant); (Conjoined appeals) Governor and Company of the Bank of Scotland (Respondents) v Bennett and Another (AP) (Appellant); Kenyon Brown (Respondent) v Desmond Banks and Co (Appellants); Barclays Bank plc (Respondents) v Coleman and Another (FC) (Appellant)
- 2001
[2001] UKHL 44, 11 October 2001. Eight appeals heard together concerning an allegation by wife (W) that a purported charge over her joint interest in her home was unenforceable. W argued that the bank should have been aware that her signature would not have been obtained but for undue influence on the part of the principal debtor, W's husband. HL redefined the principles laid down in "Barclays Bank plc v O'Brien" laying down guidance for banks to follow when seeking surety including ensuring that wives are properly informed and the duty of care owed to wife by advising solicitor. View judgment at www.parliament.the-stationery-office.co.uk/
MORTGAGES
UNDUE INFLUENCE
BANK OF SCOTLAND V BENNETT AND ANOTHER
BARCLAYS BANK PLC V COLEMAN AND ANOTHER
BARCLAYS BANK PLC V HARRIS'S EXECUTOR
BARCLAYS BANK V O'BRIEN
KENYON BROWN V DESMOND BANKS AND CO
LENDERS
MIDLAND BANK PLC V WALLACE AND ANOTHER
NATIONAL WESTMINSTER BANK PLC V GILL AND ANOTHER
ROYAL BANK OF SCOTLAND V ETRIDGE
UCB HOME LOANS CORPORATION LTD V MOORE AND ANOTHER
[2001] UKHL 44, 11 October 2001. Eight appeals heard together concerning an allegation by wife (W) that a purported charge over her joint interest in her home was unenforceable. W argued that the bank should have been aware that her signature would not have been obtained but for undue influence on the part of the principal debtor, W's husband. HL redefined the principles laid down in "Barclays Bank plc v O'Brien" laying down guidance for banks to follow when seeking surety including ensuring that wives are properly informed and the duty of care owed to wife by advising solicitor. View judgment at www.parliament.the-stationery-office.co.uk/
MORTGAGES
UNDUE INFLUENCE
BANK OF SCOTLAND V BENNETT AND ANOTHER
BARCLAYS BANK PLC V COLEMAN AND ANOTHER
BARCLAYS BANK PLC V HARRIS'S EXECUTOR
BARCLAYS BANK V O'BRIEN
KENYON BROWN V DESMOND BANKS AND CO
LENDERS
MIDLAND BANK PLC V WALLACE AND ANOTHER
NATIONAL WESTMINSTER BANK PLC V GILL AND ANOTHER
ROYAL BANK OF SCOTLAND V ETRIDGE
UCB HOME LOANS CORPORATION LTD V MOORE AND ANOTHER