Source: All England Reporter
Publisher Citation: [2002] All ER (D) 179 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Peter Gibson and Mance LJJ
Representation David Wolfson (instructed by Wragge & Co, Birmingham) for the bank.
  Kenneth Rogers (instructed by Martin Nossel & Co, Basildon) for the defendant.
Judgment Dates: 14 October 2002

Catchwords

Mortgage - Legal charge - Undue influence - Validity of charge - Matrimonial home - Wife signing charge to guarantee debts of husband's business - Solicitor present at signing of charge - Bank aware of solicitor's presence.

The Case

On the facts of the instant case, where a bank had merely been aware that a solicitor had been present at the signing of a charge over a matrimonial home to guarantee the business debts of the husband to the bank, it was at least arguable that it could be shown by the wife that the bank had not taken the necessary steps to ensure that the risk that she would have been running by standing as surety had been brought to her attention.

Practice Areas

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