swarb.co.uk - law index
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Undue Influence - From: 1999 To: 1999
This page lists 8 cases, and was prepared on 21 May 2019.
Barclays Bank Plc v Yehuda Coleman; Miriam Maria Coleman Dixon Emberton and David Spring Parties [1999] EWCA Civ 719
5 Feb 1999
CA
Banking, Undue Influence
1 Citers
[ Bailii ]
Bank of Cyprus (London) Ltd v Markou and Another Gazette, 10 February 1999; [1999] 2 All ER 707; Independent, 08 February 1999
8 Feb 1999
ChD
John Jarvis QC J
Undue Influence, Banking
W, an equal shareholder with her husband and secretary of company was asked by him to sign an unlimited guarantee and charge when the company's bank account moved between branches. She was not given independent advice and took no real part in the company. Held: Undue influence by the husband had been established, and the bank was fixed with notice. The equal shareholding was no complete answer to her claim of manifest disadvantage in the transaction. The bank knew that she took no practical part in the business, and that was enough to put them on enquiry.
Abbey National Plc v Tufts Gazette, 24 February 1999; [1999] EWCA Civ 794
16 Feb 1999
CA
Agency, Undue Influence, Banking, Equity
A bankrupt husband, a mortgage broker, had applied for mortgage for his wife, fraudulently claiming that she had income. She appealed against an order for possession on the basis that he was agent of the bank, and that therefore the bank was fixed with notice of the fraud. She claimed that she had operated under the undue influence of her husband, and that, again, the bank was fixed with notice. That the husband was the agent of the bank was rejected. No equitable right arose because she was herself party to the fraud. The section dealt with issues of title, not lending decision. The appeal was dismissed.
Law of Property Act 1925 199 (1) (ii) (a
1 Cites
[ Bailii ]
Mir v Incorporated Trustees of Shahjalal Jame Masjid-E-Noor Madrsa and Islamic Centre and Mumtaz Uddin Ahmed [1999] EWCA Civ 901
5 Mar 1999
CA
Undue Influence
[ Bailii ]
Killick v Pountney and Another; Re Killick Deceased; ChD 31-Mar-1999 - Times, 30 April 1999; Independent, 10 May 1999; (2000) 1 WTLR 41
Etridge v Pritchard Englefield (Merged With Robert Gore and Co) [1999] EWCA Civ 1273; [1999] EWCA Civ 1280
28 Apr 1999
CA
Land, Equity, Banking, Legal Professions, Undue Influence
[ Bailii ] - [ Bailii ]
Woolwich Plc v Lorna Margaret Gomm, Ian Graham Fairbairn Gazette, 08 September 1999; Times, 21 September 1999; [1999] EWCA Civ 1989
21 Sep 1999
CA
Land, Undue Influence
A borrower took out a loan under undue influence. The test of whether the lender was fixed with notice of this was an objective one. The lender was fixed with the knowledge of its agent solicitor, but whether it was so fixed was not dependent upon the terms of the particular appointment of that solicitor agent.
Law of Property Act 1925 199
[ Bailii ]
Barclays Bank Plc v Boulter and Another; HL 26-Oct-1999 - Times, 26 October 1999; Gazette, 03 November 1999; [1999] UKHL 39; [1999] 4 All ER 513; [1999] 3 EGLR 88; (2000) 32 HLR 170; [2000] Fam Law 25; (2000) 79 P and CR D1; [2000] CP Rep 16; [1999] 49 EG 97; [1999] 2 FLR 986; [2000] Lloyd's Rep Bank 29; [1999] 3 FCR 529; [1999] 1 WLR 1919; [1999] EG 121; [1999] NPC 124
