|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 1270|
|Court:||Court of Appeal, Civil Division|
Peter Gibson, Mance LJJ and Wilson J
|Representation||Julia Smith (instructed by Neilson & Co) for the appellant.|
|Ben Hubble (instructed by Henmans, Oxford) for the respondent.|
|Judgment Dates:||16 November 1999|
Equity - Undue influence - Presumption of undue influence - Husband and wife - Constructive notice of undue influence - Bank charge over holiday home - Wife receiving legal advice before entering into transaction - Solicitor instructed by bank to ascertain - Whether solicitor negligent and/or in breach of contract in failing to give adequate advice.