Dunbar Bank plc v Nadeem and another
Language: English Series: All England Law Reports ; [1997] 2 All ER 252-272(10)Publication details: 1997Subject(s): Summary: ChD 7 November 1996. N indebted to D. In 1990 N fell into arrears and applied for further loan to purchase , with his wife, a new leasehold of the matrimonial home, of which he was sole lessee. Throughout negotiations, D dealt solely with N and his wife was not advised to take legal advice. A sum of money was laoned and when N fell into arrears with repayments, D issued proceedings against N and his wife. Wife entered defence and counterclaim contending her consent to a charge had been procured by undue influence of her husband. "Held" transaction was manifestly disadvantageous to the wife and since D did not take any steps to ascertain whether she knew what she was doing, wife entitled to have charge set aside.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS56903 (Browse shelf(Opens below)) | 1 | Available | 78103-1001 |
ChD 7 November 1996. N indebted to D. In 1990 N fell into arrears and applied for further loan to purchase , with his wife, a new leasehold of the matrimonial home, of which he was sole lessee. Throughout negotiations, D dealt solely with N and his wife was not advised to take legal advice. A sum of money was laoned and when N fell into arrears with repayments, D issued proceedings against N and his wife. Wife entered defence and counterclaim contending her consent to a charge had been procured by undue influence of her husband. "Held" transaction was manifestly disadvantageous to the wife and since D did not take any steps to ascertain whether she knew what she was doing, wife entitled to have charge set aside.