Smith v Governor and Company of The Bank of Scotland: HL 6 Feb 1997

A bank which did not warn its customer of the of risks of a loan and of the need for independent advice was bound by misrepresentations made by customer. The House referred to ‘the broad principle in the field of contract law of fair dealing in good faith.’

Lord Clyde
Times 23-Jun-1997, [1997] 2 FLR 862, 1997 SC (HL) 111, [1997] UKHL 26
House of Lords, Bailii
Appeal fromMumford v Bank of Scotland; Smith v Same OHCS 4-Aug-1994
Bank has no duty in Scotland to wife of borrower securing debt on house. . .

Cited by:
CitedRegina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
CitedRoyal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .

Lists of cited by and citing cases may be incomplete.

Banking, Contract

Leading Case

Updated: 01 November 2021; Ref: scu.135220