||All England Reporter
|| All ER (D) 413 (Feb)
||Queen's Bench Division
||James Bowling (instructed by Hammonds) for the claimant.
||Steven Ball (instructed by Samuels) for the second defendant.
||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.
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.
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