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Commonly, when a bank seeks to enforce a security provided by a customer, it is met with a defence based on assurances alleged to have been given orally by a branch manager at an earlier stage: that the bank would continue to support the business that the bank would not call in its loan, and so forth. When it comes to negligence Sid who is the manager has committed negligence on various occasions on its part acting as the agent of Priory International Bank
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Briggs J swiftly rejects two of those, as the judge's conclusion that the husband was not planning to leave the wife at the time of the re-mortgage could not be interfered with. The appellant and her former husband had taken out a mortgage on the family home, to which the appellant agreed, in order to secure credit card debts run up by the husband
29 Jun 2015 Cantor expands mortgage trading team Cantor Fitzgerald has hired two managing directors that will work in agency and non-agency mortgage backed securities trading and sales, the investment bank announced on Friday. 30 Jun 2015 Time to give the ECB a bit more credit In the space of a week the European securitization market will have seen the first post-crisis residential mortgage backed securities from Ireland and Spain since 2007
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It is an important step towards building a health system that fully integrates social, spiritual, and palliative care such as pain management with health care
Atherton where it was held that a man who is himself innocent cannot be sued for a deceit in which he took no part and this is whether the deceit was by his agent or by a stranger. On 17 September 2012 a default judgement was entered for the plaintiff against the defendants as prayed for in the plaint and the suit set down for assessment of the quantum of damages
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'
My Lords, the manner which first Judge Behrens and then the Court of Appeal dealt with the presumption of undue influence and with the part to be played by manifest disadvantage demonstrates, in my opinion, the tangle that the case law in this area has got into. It is a presumption which arises if the nature of the relationship between two parties coupled with the nature of the transaction between them is such as justifies, in the absence of any other evidence, an inference that the transaction was procured by the undue influence of one party over the other
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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