Carlisle and Cumberland Banking Company v Bragg: 1911

A party wishing to establish a plea of non est factum in order to avoid liability under a deed, must show that he had taken care in signing the document.
Held: There could not be negligence in the execution of a document unless a duty was owed to the person who acted upon it.
[1911] 1 KB 489, 80 LJKB 472
Cited by:

  • Cited – Saunders (Executrix of the Will of Rose Maude Gallie, Deceased) v Anglia Building Society HL 9-Nov-1970
    The Appellant had signed an assignment of her lease in favour of her nephew. She said she thought the effect of it would protect her right to continue to live in the house. She now appealed rejection of her plea of non est factum.
    Held: The . .
    [1971] AC 1004, [1970] UKHL 5, [1970] 3 All ER 961, [1970] 2 WLR 1078
  • Cited – Alex Lawrie Factors Limited v Keith Morgan; Pamela R Morgan and Johathan K Turner CA 5-Jul-1999
    A statement of truth or affidavit must reflect the words and thoughts of the witness who signed it. It is not appropriate to include matters about which the witness could not themselves give evidence, including particularly complex arguments sought . .
    Times 18-Aug-99, [1999] EWCA 1758
  • Cited – Gallie v Lee HL 1971
    Lord Wilberforce said that the principles of non est factum are designed to protect also innocent third parties who may rely upon a document signed apparently correctly. . .
    [1971] AC 1004

These lists may be incomplete.
Updated: 05 December 2020; Ref: scu.253147