Dunbar Bank plc v Nadeem and another
Dunbar Bank plc v Nadeem and another
- 1997
- All England Law Reports [1997] 2 All ER 252-272(10) .
ChD 7 November 1996. N indebted to D. In 1990 N fell into arrears and applied for further loan to purchase , with his wife, a new leasehold of the matrimonial home, of which he was sole lessee. Throughout negotiations, D dealt solely with N and his wife was not advised to take legal advice. A sum of money was laoned and when N fell into arrears with repayments, D issued proceedings against N and his wife. Wife entered defence and counterclaim contending her consent to a charge had been procured by undue influence of her husband. "Held" transaction was manifestly disadvantageous to the wife and since D did not take any steps to ascertain whether she knew what she was doing, wife entitled to have charge set aside.
ARREARS
DUNBAR BANK PLC V NADEEM AND ANOTHER
JOINT LEASEHOLD
UNDUE INFLUENCE
ChD 7 November 1996. N indebted to D. In 1990 N fell into arrears and applied for further loan to purchase , with his wife, a new leasehold of the matrimonial home, of which he was sole lessee. Throughout negotiations, D dealt solely with N and his wife was not advised to take legal advice. A sum of money was laoned and when N fell into arrears with repayments, D issued proceedings against N and his wife. Wife entered defence and counterclaim contending her consent to a charge had been procured by undue influence of her husband. "Held" transaction was manifestly disadvantageous to the wife and since D did not take any steps to ascertain whether she knew what she was doing, wife entitled to have charge set aside.
ARREARS
DUNBAR BANK PLC V NADEEM AND ANOTHER
JOINT LEASEHOLD
UNDUE INFLUENCE