Source: All England Reporter
Publisher Citation: [1999] All ER (D) 1496
Court: Court of Appeal, Civil Division

Nourse, Pill and Mummery LJJ

Representation Amanda Harington (instructed by Haskin & Co) for YC.
  Hazel Williamson QC and Helene Pines-Richman (instructed by Waller & Co) for MC.
  Nicholas Elliott QC and Jonathan Marks (instructed by Nicholson Graham & Jones) for the bank.
Judgment Dates: 21 December 1999


Equity - Undue influence - Presumption of undue influence - Husband and wife - Constructive notice of undue influence - Duty of creditor to take reasonable steps to satisfy himself that wife properly advised - Charge over matrimonial home as security for husband's loan - Whether advice of legal executive sufficient - Whether transaction manifestly disadvantageous - Whether judge should have granted adjournment.

The Case

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