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Barclays Bank Plc V O'Brien
is an English contract law case relating to Undue influence in English law, undue influence. It set out the basic categories of undue influence as, *(1) actual undue influence *(2A) presumed undue influence from a special relationship *(2B) presumed undue influence from readily ascertainable facts raising suspicion of undue influence Facts 151 Farnham Lane, Slough, was in Mr and Mrs O’Brien’s names jointly. They had a £25,000 mortgage to a building society. Mr Tucker, who worked for Barclays Bank plc, when the mortgage was increased to £60,000 in 1981 made a note that Mrs O’Brien might be a problem. In 1987 Mr O’Brien’s company, Heathrow Fabrications Ltd, was not doing well and he agreed with the Barclays Woolwich branch to raise the company’s overdraft to £135,000, reducing to £120,000 after three weeks, guaranteed by Mrs O’Brien and secured on his matrimonial home with a second charge. The Woolwich branch sent a message to the Burnham branch where Mrs O’Bri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, Her Majesty's Most Honourable Privy Council, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, Military Cross, MC, and of Mary Abraham, daughter of Charles Abraham (bishop of Derby), Charles Abraham, Bishop of Derby (suffragan), Bishop of Derby. He was educated at Lancing College, Lancing and at Magdalen College, Oxford, where he took a British undergraduate degree classification, First in Jurisprudence in 1952. He was Call to the bar, called to the Bar at Lincoln's Inn in 1953 and Queen's Counsel, took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Courts of Guernsey, Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of Credit And Commerce International SA V Aboody
''Bank of Credit and Commerce International S.A. v. Aboody'' 9924 All ER 955 is an English contract law case relating to undue influence. Facts Mrs. Aboody signed a document making a charge over the family home in favour of Bank of Credit and Commerce International, to secure her husband’s borrowing for his company. Mr. Aboody had bullied her, and she had signed to get some peace. Judgment Slade LJ held that because of "manifest disadvantage" had to be shown even in cases of actual undue influence. The transaction was not manifestly disadvantageous, but this requirement was subsequently overruled in . See also {{Caselist undue influence *English contract law *Undue influence in English law *Iniquitous pressure in English law *''Lloyds Bank Ltd v Bundy'' 975QB 326 *''Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unconscionability Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyds Bank Ltd V Bundy
is a landmark case in English contract law, on undue influence. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictionsFor America, see the case, ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965). that all impairments of autonomy could be collected under a single principle of "inequality of bargaining power." Facts Herbert James Bundy (Mr. Bundy) was a farmer. His son, Michael, owned a business that was in financial trouble. Mr. Bundy had already guaranteed the business with a £7,500 charge over his only asset, his farmhouse, to Lloyds Bank.McKendrick (2007) p.367. The asset was the farmhouse at Yew Tree Farm, Broadchalke, Wiltshire. Michael's company got into further financial difficulty. Mr. Bundy then increased his exposure to £11,000 after the assistant manager of Lloyds failed to notify him of the company's true financial condition. Lloyds foreclosed on t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iniquitous Pressure In English Law
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences. Considerable controversy is still present over whether "iniquitous pressure" must actually be exercised by a defendant in order for a voluntary ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hobhouse, Baron Hobhouse Of Woodborough
John Stewart Hobhouse, Baron Hobhouse of Woodborough, Privy Council of the United Kingdom, PC (31 January 1932 – 15 March 2004) was a British judge and Law Lord, law lord. Hobhouse was born in Mossley Hill, Liverpool, the son of the shipowner Sir John Richard Hobhouse, and grandson of Henry Hobhouse (East Somerset MP), Henry Hobhouse, the MP. He was educated at Eton College. After working abroad in Australia and New Zealand on a sheep farm, Hobhouse returned to Christ Church, Oxford in 1951, where he read Jurisprudence. He was called to the bar by Inner Temple in 1955, of which he later became a bencher. Following a pupillage with Michael Kerr (judge), Michael Kerr, Hobhouse became a tenant at 7 King's Bench Walk, the chambers of Henry Brandon, Baron Brandon of Oakbrook, Henry Brandon, and joined the Northern Circuit. At the bar he specialised in admiralty law. He was appointed a Queen's Counsel in 1973. Hobhouse was made a High Court judge (England and Wales), High Court jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Clyde, Baron Clyde
James John Clyde, Baron Clyde, PC (29 January 1932 – 6 March 2009) was a Scottish judge. Biography James John Clyde was born in Edinburgh on 29 January 1932 the only son and youngest child of Margaret Letitia (1901–1974), (daughter of Arthur Edmund DuBuisson), and James Latham McDiarmid Clyde, (later Lord Clyde (1898–1975). . He is grandson of James Avon Clyde, Lord Clyde. He was attended Edinburgh Academy. In 1954 he graduated with a BA Literae Humaniores from Corpus Christi College, Oxford, and from the University of Edinburgh, graduating with a Bachelor of Laws in 1959. Clyde served in the Intelligence Corps from 1954 to 1956, and was admitted to the Faculty of Advocates in 1959. In 1971, he became a Queen's Counsel (Scotland) and was advocate-depute from 1973 to 1974. In 1972, he was made Chancellor to the Bishop of Argyll, and in 1979 Judge of the Courts of Appeal of Jersey and Guernsey, holding both posts until 1985. Between 1985 and 1996, Clyde was Senator of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Hodge, Lord Hodge
Patrick Stewart Hodge, Lord Hodge, PC (born 19 May 1953) is a British lawyer, currently serving as Deputy President of the Supreme Court of the United Kingdom. Early life Hodge was educated at Croftinloan School, an independent junior boarding school in Perthshire, and Trinity College, Glenalmond, also in Perthshire. He studied at Corpus Christi College, Cambridge (BA), and the University of Edinburgh School of Law (LLB), and worked as a civil servant at the Scottish Office between 1975 and 1978, before being admitted to the Faculty of Advocates in 1983. Legal career Hodge was appointed Standing Junior Counsel to the Department of Energy from 1989 to 1991, and to the Inland Revenue from 1991 to 1996, in which year he took silk. As a QC, his practice was mainly in commercial law, judicial review and property law. He served as a part-time Commissioner on the Scottish Law Commission from 1997–2003, and from 2000 to 2005 was a Judge of the Courts of Appeal of Jersey and Guernsey, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
