Tuesday 21 July 2015

Royal bank of scotland v etridge 2001 summary

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Clouston, M.D., opened a discussion on the "possibility of providing suitable means of treatment for incipient and transient mental diseases in our great general hospitals." Friday 1.8.1902 Dr. In 1947, Leslie Scott and Evelyn Fox became founders of the National Association for Mental Health, into which the Central Association for Mental Welfare merged

  http://www.familylawweek.co.uk/site.aspx?i=ed61267
The trial judge had failed to address the question whether the applicant decided to enter into the relevant transaction of her own free will, independent of influence that the respondent was able to exercise over her. The applicant acted in the proceedings by the Official Solicitor as her litigation friend because she did not have the necessary mental capacity to conduct the proceedings

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Andrew has also advised clients on claims of professional negligence against accountants (inaccurate valuation of takeover target) and solicitors (defective drafting of contracts of employment and negligent advice on the contents of a commercial lease). She has a strong academic grounding in her chosen areas of practice, having specialised in commercial and chancery subjects in her law degrees and through teaching Commercial Contracts at the LSE

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  http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011011/etridg-1.htm
It is not essential that the transaction should be disadvantageous to the pressurised or influenced person, either in financial terms or in any other way. The availability of this forensic tool in cases founded on abuse of influence arising from the parties' relationship has led to this type of case sometimes being labelled 'presumed undue influence'

  http://www.lawsociety.org.uk/support-services/advice/articles/model-letter-post-etridge/
Whilst the decision has to some extent clarified the scope of the solicitors' duties and set out what is required of the lender this arrangement does still present all parties with exposure to risk and this has not in any way been reduced following the House of Lords decision.Can you advise?Whilst Etridge does contemplate that the same solicitor can act for both parties and the lender in an administrative capacity, the first decision for the solicitor is whether he or she should be acting at all.The risk of conflict is extreme when attempting to reconcile Lord Nicholls' comments concerning the provision of full information with a client who in many cases may not wish for the documentation to be fully explained. It must be established that there is no conflict of interest and that it is the third party (and not the borrower) who is the client.Full financial informationThe solicitor must obtain full financial information concerning the borrower's account

  http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011011/etridg-6.htm
In many, probably in most, of the cases that had come to court, the wives had not read, or, if they had, had not understood the document they had signed. In particular, if the party asserting that he takes free of the earlier rights of another knows of certain facts which put him on inquiry as to the possible existence of the rights of that other and he fails to make such inquiry or to take such other steps as are reasonable to verify whether such earlier right does or does not exist, he will have constructive notice of the earlier right and take subject to it." This is a classic statement of the operation of the doctrine of notice in order to determine the priority of property rights

  http://swarb.co.uk/royal-bank-of-scotland-v-etridge-no-2-barclays-bank-plc-v-harris-midland-bank-plc-v-wallace-etc-hl-11-oct-2001-3/
Further, it is all too easy for a husband, anxious or even desperate for bank finance, to misstate the position in some particular or to mislead the wife, wittingly or unwittingly, in some other way. The bank should take reasonable steps to satisfy itself that the wife has had brought home to her the practical implications of the proposed transaction

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