Banco Exterior Internacional v Mann and others
Banco Exterior Internacional v Mann and others
- 1995
- All England Law Reports (1995) 1 ALL ER 936-950(8) .
CA 23 November 1994. Equity - undue influence or misrepresentation - effect of undue influence - husband and wife - constructive notice of undue influence - duty of creditor to take reasonable steps to satisfy himself that wife entered into obligation freely and with knowledge of true facts - charge over matrimonial home as security for loan to husband`s company - bank accepting guarantee secured by charge over matrimonial home registered in husband`s name - bank requiring wife to be advised by solicitor who was to certify that he had explained nature of charge - wife advised by company solicitor who made necessary certification - whether bank entitled to assume that company`s solicitor would give independent advice to wife - whether bank fixed with constructive notice of husband`s undue influence.
CA 23 November 1994. Equity - undue influence or misrepresentation - effect of undue influence - husband and wife - constructive notice of undue influence - duty of creditor to take reasonable steps to satisfy himself that wife entered into obligation freely and with knowledge of true facts - charge over matrimonial home as security for loan to husband`s company - bank accepting guarantee secured by charge over matrimonial home registered in husband`s name - bank requiring wife to be advised by solicitor who was to certify that he had explained nature of charge - wife advised by company solicitor who made necessary certification - whether bank entitled to assume that company`s solicitor would give independent advice to wife - whether bank fixed with constructive notice of husband`s undue influence.