Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Pill, Robert Walker LJJ and Sir Martin Nourse

Representation William Bojczuk (instructed by Eversheds, Cardiff) for the bank.
  John de Waal (instructed by Tyndallwoods, Birmingham) for the wife.
  The husband did not appear and was not represented.
Judgment Dates: 11 July 2002

Catchwords

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 having entered into obligation freely and with knowledge of true facts - Mortgage over jointly owned property to finance purchase of husband's business property - Bank appointing solicitor to advise husband and wife in respect of her liabilities under charge - Solicitor providing confirmation that wife provided with independent legal advice - Whether confirmation sufficient to satisfy duty on creditor.

The Case

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