swarb.co.uk - law index
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Undue Influence - From: 2001 To: 2001
This page lists 3 cases, and was prepared on 21 May 2019.
Barclay's Bank Plc v Varenka Goff Gazette, 17 May 2001; [2001] EWCA Civ 635
3 May 2001
CA
Lord Justice Pill, Lord Justice Mantell, and Lord Justice Buxton
Undue Influence, Banking, Legal Professions
The respondent executed an all monies charge over her property to secure the liability of companies in which she had no direct interest. The bank insisted that she employ solicitors to give her independent advice. The bank sought to enforce its security, and she claimed it was signed under undue influence, of which the bank was fixed with constructive notice. The bank appealed successfully against the order setting aside the charge. Although the bank were fixed with constructive notice of the undue influence, the employment of the independent solicitor was sufficient to discharge that constructive notice. That was only disapplied where no competent solicitor could have advised the wife to enter into the transaction, and that did not apply in this case.
1 Cites
[ Bailii ]
Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc; HL 11-Oct-2001 - Times, 17 October 2001; [2001] UKHL 44; [2001] 3 WLR 1021; [2002] 2 AC 773; [2002] HLR 4; [2002] 1 Lloyd's Rep 343; [2001] NPC 147; [2001] Fam Law 880; [2001] 43 EGCS 184; [2001] 2 All ER (Comm) 1061; [2001] 4 All ER 449; [2001] 2 FLR 1364; [2002] 1 P and CR DG14; [2001] 3 FCR 481
Greene King Plc v Stanley and others [2001] EWCA Civ 1966; [2002] BPIR 491
30 Nov 2001
CA
Insolvency, Undue Influence
The claimant challenged an order that the two defendant chargors were discharged from liability to the claimants under their individual voluntary arrangement and on the basis that it had been entered under undue influence.
1 Cites
[ Bailii ]
