Bank Of Scotland v Hill & Anor [2002] EWCA Civ 1081 (11 July 2002)

Bank Of Scotland v Hill & Anor [2002] EWCA Civ 1081 (11 July 2002)

The bank discharged its duty of inquiry by obtaining written confirmation from the solicitor that independent legal advice had been given to the wife; the absence of explicit instructions from the bank to the solicitor did not negate the effect of the confirmation. Therefore, the defence and counterclaim based on undue influence and duress had no reasonable prospect of success.

Citation
[2002] EWCA Civ 1081
Parties
Claimant/respondent: The Governor and Company of the Bank of Scotland; 1st Defendant: Roger Frederick Hill; 2nd Defendant/appellant: Linda Carol Tudor
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision on Possession and Counterclaim
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Duress, Mortgage Transactions, Independent Legal Advice, Possession Proceedings
Banking Law Property Law Family Law Undue Influence Duress Mortgage Transactions Independent Legal Advice Possession Proceedings

Case Brief

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Parties

The Governor and Company of the Bank of Scotland

Claimant/respondent

Roger Frederick Hill

1st Defendant

Linda Carol Tudor

2nd Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision on Possession and Counterclaim

Legal Issues

  1. 1 Whether the bank discharged its duty of inquiry regarding possible undue influence or duress by the husband over the wife in a joint mortgage transaction
  2. 2 Whether the solicitor's confirmation in the report on title sufficed to protect the bank from the wife's claim of undue influence

Ratio Decidendi

The bank discharged its duty of inquiry by obtaining written confirmation from the solicitor that independent legal advice had been given to the wife; the absence of explicit instructions from the bank to the solicitor did not negate the effect of the confirmation. Therefore, the defence and counterclaim based on undue influence and duress had no reasonable prospect of success.

Court Disposition

Appeal dismissed

Orders

  • Date for possession set as Friday 11 October 2002
  • No order for costs on the appeal