Cooke v National Westminster Bank Plc; Waldron Wetherell and Co: CA 17 Jun 1998

Where a bank had failed to require the solicitors witnessing a wife’s signature to a guarantee, to write to confirm that she had received independent advice, and there had been undue influence, they were deemed to be on notice of such influence.
Times 27-Jul-1998, [1998] EWCA Civ 1022
England and Wales
CitedBarclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Updated: 05 May 2021; Ref: scu.144501