Briggs Or Broadway v Clydesdale Bank Plc [2001] ScotCS 100 (27 April 2001)

Briggs Or Broadway v Clydesdale Bank Plc [2001] ScotCS 100 (27 April 2001)

The pursuer failed to establish that she granted the standard security as a result of undue influence by her husband or son. Although she trusted her husband and was mistaken about the effect of the security, there was no evidence of abuse of trust or active concealment. The bank acted in good faith by instructing the family solicitor, who was acting for all parties, to advise the pursuer. The absence of independent advice did not amount to bad faith by the bank in these circumstances. Both elements required for reduction—undue influence and lack of good faith—were not established.

Citation
[2001] ScotCS 100
Parties
Pursuer: Isabella Doris Briggs or Broadway; Defender: Clydesdale Bank Plc
Jurisdiction
Scotland
Judgment Date
27 April 2001
Procedural Posture
Civil Action for Reduction and Interdict / Judgment After Proof (trial) in Outer House, Court of Session
Outcome
Action dismissed
Legal Topics
Undue Influence, Good Faith in Lending, Standard Security, Independent Legal Advice, Reduction of Deeds
Property Law Contract Law Banking Law Family Law Undue Influence Good Faith in Lending Standard Security Independent Legal Advice +1 more

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Parties

Isabella Doris Briggs or Broadway

Pursuer

Clydesdale Bank Plc

Defender

Procedural Posture

Civil Action for Reduction and Interdict / Judgment After Proof (trial) in Outer House, Court of Session

Legal Issues

  1. 1 Whether the pursuer granted a standard security as a result of undue influence by her husband or son
  2. 2 Whether the defenders (bank) acted in good faith in obtaining the standard security
  3. 3 Whether the pursuer is entitled to reduction of the standard security over her share of the property

Ratio Decidendi

The pursuer failed to establish that she granted the standard security as a result of undue influence by her husband or son. Although she trusted her husband and was mistaken about the effect of the security, there was no evidence of abuse of trust or active concealment. The bank acted in good faith by instructing the family solicitor, who was acting for all parties, to advise the pursuer. The absence of independent advice did not amount to bad faith by the bank in these circumstances. Both elements required for reduction—undue influence and lack of good faith—were not established.

Court Disposition

Action dismissed

Orders

  • The pursuer's conclusions for reduction of the standard security, decree of ejection, and charge for eviction are refused.
  • No interdict is granted against the defenders.