swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Undue Influence - From: 1998 To: 1998
This page lists 5 cases, and was prepared on 21 May 2019.
Cooke v National Westminster Bank Plc; Waldron Wetherell and Co Times, 27 July 1998; [1998] EWCA Civ 1022
17 Jun 1998
CA
Undue Influence, Banking
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.
1 Cites
[ Bailii ]
Dunbar Bank Plc v Maurice Nadeem Zubaida Nadeem and Another Times, 01 July 1998; [1998] EWCA Civ 1027; [1998] 3 All ER 876
1 Jul 1998
CA
Millett LJ
Undue Influence, Banking, Equity
Manifest disadvantage had to be shown in order to establish a claim of presumed undue influence, but only damage if actual undue influence shown. Equity can only help if restitutio in integrum could be achieved.
1 Cites
1 Citers
[ Bailii ]
Northern Rock Building Society v Hazel Archer; Brunning Hazel Archer v Hickmotts (Formerly, Hickmott, Elmhirst, Hargan and Co ) (a Firm); Hazel Archer v Hickmotts [1998] EWCA Civ 1375
31 Jul 1998
CA
Undue Influence, Professional Negligence
[ Bailii ]
Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2); CA 31-Jul-1998 - Times, 17 August 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1372; [1998] 4 All ER 705
Governor and Company of Bank of Scotland v Bennett and Another [1998] EWCA Civ 1965; [1999] 1 FLR 1115
21 Dec 1998
CA
Lord Justice Auld, Lord Justice Chadwick, Sir Christopher Staughton
Banking, Land, Undue Influence
The bank appealed an order setting aside a deed of guarantee and mortgage and denying the possession order sought. The guarantee had been given to support borrowings of the defendant's company. The defendant was the wife of the director and had been reluctant to sign, and claimed she had not been given independent advice. The bank appealed saying that notwithstanding the defeat of the guarantee, the charge remained binding. The judge found the husband's undue influence on the wife in respect of both the charge and the guarantee. Held: The bank could not be fixed with notice of the wife's reluctance to execute the charge, since independent solicitors were instructed. The bank were not put on enquiry by the circumstances to suggest that she may have been acting under her husband's undue influence. The bank's appeal was upheld.
1 Cites
1 Citers
[ Bailii ]