Litigation Recent Decisions 26/11/96

Undue influence to justify setting aside a legal charge

Barclays Bank v Jennifer Thomson (1996)

Court: CA (Simon Brown LJ, Waite LJ and Morritt LJ) 7/11/96

Summary: Where a signatory is given independent advice by the lender's solicitor at the lender's expense the lender is not fixed with notice of undue influence affecting the signature and the advice is to be regarded as "independent".