Undue influence
Undue influence
- 1997
- Estates Gazette Case Summaries [1997] EGCS 165 (6/12/97) .
"Barclays Bank plc v Caplan" ChD 26 November 1997. Wife charging jointly owned house to secure husband`s unlimited guarantee against indebtedness of three of his companies. In subsequent proceedings for the house, wife claimed that her signature had been obtained by the undue influence of her husband. B claimed she had received legal advice for an earlier commitment. "Held" the charge was enforceable against the wife for the earlier commitment only.
BARCLAYS BANK V CAPLAN
INDEPENDENT ADVICE
POSSESSION PROCEEDINGS
UNDUE INFLUENCE
"Barclays Bank plc v Caplan" ChD 26 November 1997. Wife charging jointly owned house to secure husband`s unlimited guarantee against indebtedness of three of his companies. In subsequent proceedings for the house, wife claimed that her signature had been obtained by the undue influence of her husband. B claimed she had received legal advice for an earlier commitment. "Held" the charge was enforceable against the wife for the earlier commitment only.
BARCLAYS BANK V CAPLAN
INDEPENDENT ADVICE
POSSESSION PROCEEDINGS
UNDUE INFLUENCE