Source: All England Reporter
Publisher Citation: [2006] All ER (D) 289 (Jun)
Neutral Citation: [2006] EWHC 1287 (QB)
Court: Queen's Bench Division (Bristol Mercantile Court)

Judge Havelock-Allan QC sitting as a judge of the High Court

Representation Hugh Sims (instructed by Osborne Clarke) for the bank.
  Neil Levy (instructed by Moriarty Stone) for the defendants.
Judgment Dates: 5 April 2006


Equity - Undue influence - Presumption of undue influence - Banker and customer - Guarantee - Defendants providing guarantees in respect of company's borrowing - Whether guarantees procured by undue influence.

The Case

In the circumstances of the case, the defendants had failed to establish that two guarantees provided by them to the claimant bank had been procured by undue influence.

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