Abbey National Bank v Anthony Mario Stringer and Rosa Stringer and Sidney George Finlay and Peter John O'Brien and Margaret Ann O'Brien
Abbey National Bank v Anthony Mario Stringer and Rosa Stringer and Sidney George Finlay and Peter John O'Brien and Margaret Ann O'Brien
- 2006
[2006] EWCA Civ 338. A case where the appellant lender appealed against an order dismissing its claim to enforce against the respondent a mortgage over a property jointly owned by the respondent and her son. The respondent was asked by her son to sign a legal charge for a second mortgage, yet the terms were not correctly explained to her, and she was not able to read English. The son defaulted on payments and the lender brought legal charges on the respondent. However the legal charge was unenforceable against her for undue influences. "Held": it was clear that the son had taken advantage of the respondent by way of exploitation. The respondent would not have agreed to sign the legal charge if she had understood what she was asked to do.
LLOYDS BANK V ROSSET
ROYAL BANK OF SCOTLAND V ETRIDGE
England--886-
[2006] EWCA Civ 338. A case where the appellant lender appealed against an order dismissing its claim to enforce against the respondent a mortgage over a property jointly owned by the respondent and her son. The respondent was asked by her son to sign a legal charge for a second mortgage, yet the terms were not correctly explained to her, and she was not able to read English. The son defaulted on payments and the lender brought legal charges on the respondent. However the legal charge was unenforceable against her for undue influences. "Held": it was clear that the son had taken advantage of the respondent by way of exploitation. The respondent would not have agreed to sign the legal charge if she had understood what she was asked to do.
LLOYDS BANK V ROSSET
ROYAL BANK OF SCOTLAND V ETRIDGE
England--886-