Barclay's Bank plc v Boulter (Record no. 62150)

MARC details
000 -LEADER
fixed length control field 01588cam a2200181 4500
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n1999 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u103437
245 ## - TITLE STATEMENT
Title Barclay's Bank plc v Boulter
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 1999
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [1999] 49 EG 97-104(8)
520 ## - SUMMARY, ETC.
Summary, etc. HL 21 October 1999. Mr & Mrs B, the defendants, charged their home to Barclay's Bank as security against the loan for the property and any other monies owed. Mr B subsequently borrowed more money, but could not keep up with the repayments. The bank then began proceedings against him. Mrs B applied against the possession order, claiming that she was induced to sign the agreement by undue influence and misrepresentation. Mr B was served an order alleging misrepresentation, but the pleading did not say that the bank had actual or constructive notice of this or of undue influence. The county court judge claimed that the defence did not plead constructive notice on the part of the bank and therefore, Mrs B could not rely on it without changing her plea. CA granted leave to appeal and decided i) that the defence had pleaded all the facts which permitted Mrs B to argue the bank had constructive notice of undue influence and misrepresentation ii) Mrs B did not have to plead the point of constructive notice, as it was the bank's responsibility to prove it did not have constructive notice. Appeal dismissed.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSTRUCTIVE NOTICE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNDUE INFLUENCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MISREPRESENTATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BARCLAYS BANK PLC V BOULTER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LAW-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 07/01/2000   X103437 103437-1001 06/08/2019 1 06/08/2019 Law report