Nicholas Yell on wives' reliance on an O'Brien defence. Nicholas Yell is a barrister at 1 Serjeants' Inn, the chambers of Edward Faulks QC.
ON 31 July in the Court of Appeal, Lord Justices Stuart-Smith, Millett and Morritt gave a seminal judgm- ent on wives’ entitlement to rely upon Barclays Bank v O’Brien defences, in particular when previously advised by a solicitor (Royal Bank of Scotland v Etridge). Eight appeals were considered and the outcome shows the difficulty for […]