000			01588cam a2200181 4500
008			000000n1999 000 0 eng u
035			_a(Sirsi) u103437
245			_aBarclay's Bank plc v Boulter
260			_c1999
490			_aEstates Gazette _v [1999] 49 EG 97-104(8)
520			_aHL 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			_aCONSTRUCTIVE NOTICE
650			_aUNDUE INFLUENCE
650			_aMISREPRESENTATION
650			_aBARCLAYS BANK PLC V BOULTER
690			_aLAW-CASE LAW
942			_n0
999			_c62150 _d62150