Source: All England Reporter
Publisher Citation: [2001] All ER (D) 05 (Feb)
Court: Chancery Division
Judge:

Lawrence Collins J

Representation Hashim Reza (instructed by Atkins Wilson & Bell) for the appellant.
  David Pope (instructed by Denton Wilde Sapte) for the bank.
Judgment Dates: 1 February 2001

Catchwords

Equity - Undue influence - Presumption of undue influence - Husband and wife - Constructive notice of undue influence - Wife receiving legal advice before entering into transaction - Wife's solicitor acting for husband and borrower company - Whether bank entitled to rely on solicitor's statement that he had explained transaction to wife - Whether conflict of interest.

The Case

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