Source: All England Reporter
Publisher Citation: [2003] All ER (D) 413 (Feb)
Court: Queen's Bench Division

Wright J

Representation James Bowling (instructed by Hammonds) for the claimant.
  Steven Ball (instructed by Samuels) for the second defendant.
Judgment Dates: 28 February 2003


Equity - Undue influence - Husband and wife - Loan to company - Personal guarantee provided by wife - Bank seeking to recover under guarantee - Wife's knowledge of nature of guarantee.

The Case

Where the claimant bank brought proceedings to recover under a personal guarantee made by the second defendant in respect of a loan to company to which her husband was the director and she was company secretary, on the evidence, her defence that she had signed the guarantee acting under the undue influence of husband failed, and the claimant was entitled to judgment.

Practice Areas

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