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Undue influence: On the side of caution
Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Barclays Bank Plc v O'Brien [1993] UKHL 6
- Re Coomber [1911] 1 Ch 723
- Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44
- Royal Bank of Scotland plc v Etridge [1998] 4 All ER 705