Barclays Bank plc v O`Brien & another
Language: English Series: All England Law Reports ; (1993) 4 All ER 417-432(18)Publication details: 1993Subject(s): Summary: HL 21 October 1993. A husband arranged to secure his company`s overdraft by placing a second charge on the matrimonial home. The bank manager`s instructions that the couple should be advised as to the nature and effect of the relevant documents were not carried out by the bank staff. When the company`s debt exceeded the agreed limit, B brought an action for possession. The wife defended, arguing that her husband had misrepresented the facts and unduly influenced her consent. Her case was dismissed. The court held the bank was not responsible for her husband`s misrepresentation. The CA considered wives a special class of sureties, that the creditor had a responsibility to advise the surety and granted the appeal. Upheld by HL.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | X1245 (Browse shelf(Opens below)) | 1 | Available | 15783-1001 |
HL 21 October 1993. A husband arranged to secure his company`s overdraft by placing a second charge on the matrimonial home. The bank manager`s instructions that the couple should be advised as to the nature and effect of the relevant documents were not carried out by the bank staff. When the company`s debt exceeded the agreed limit, B brought an action for possession. The wife defended, arguing that her husband had misrepresented the facts and unduly influenced her consent. Her case was dismissed. The court held the bank was not responsible for her husband`s misrepresentation. The CA considered wives a special class of sureties, that the creditor had a responsibility to advise the surety and granted the appeal. Upheld by HL.