Source: All England Reporter
Publisher Citation: [1999] 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.

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