This page deals with:Royal Bank of Scotland v Etridge - the leading HL of decision in this area of the law.
A number of post Etridge cases including ...
Yorkshire Bank plc v Tinsley - which dealt with the situation of whether a lender was necessarily bound by the constructive notice of undue influence in respect of mortgages A and B when it obtained, ostensibly properly, a replacement mortgage C.
First National Bank v Achampong where, although the charge was ineffective as against the wife because of undue influence it did create an equitable charge over the husband's interest which led to the bank obtaining an order for sale to get at his interest.
Royal Bank of Scotland v Etridge
Royal Bank of Scotland v Etridge (No 2)
[2001] UKHL 43; [2001] 3 WLR 806.
The decision of the House of Lords in Royal Bank of Scotland v Etridge (No 2), given on 11 October 2001, is now the leading case in this area of the law. The object of the decision, as stated by their Lordships, was to clarify the law and to make plain to banks, in a clear and simple way, what they should do to avoid problems in the future. However, in the Weekly Law Reports version, the decision runs to 95 pages. The leading judgment is given by Lord Nicholls (22 pages). Substantia ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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