Mortgages and undue influence
Mortgages and undue influence
- 2001
- Estates Gazette [2001] 43 EG 184 (CS) (27/10/01) .
"Royal Bank of Scotland v Etridge" HL 11 October 2001. Eight appeals were heard together by HL. These concerned 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 available at http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011011/etridg-1.htm
MORTGAGES
UNDUE INFLUENCE
BARCLAYS BANK V O'BRIEN
LENDERS
ROYAL BANK OF SCOTLAND V ETRIDGE
"Royal Bank of Scotland v Etridge" HL 11 October 2001. Eight appeals were heard together by HL. These concerned 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 available at http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011011/etridg-1.htm
MORTGAGES
UNDUE INFLUENCE
BARCLAYS BANK V O'BRIEN
LENDERS
ROYAL BANK OF SCOTLAND V ETRIDGE