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- Title
Surety Wives in the House of Lords: Time for Solicitors to `Get Real'? Royal Bank of Scotland plc v. Etridge (No. 2) [2001] 4 All E.R. 449.
- Authors
Morris, Debra
- Abstract
This note considers the recent House of Lords decision in Royal Bank of Scotland plc. v. Etridge (No. 2). It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. In a landmark judgement, Lord Nicholls set out new and specific procedures to be followed by lenders and solicitors who are providing independent advice, in order to counter any argument by the wife that the charge should be set aside because her signature on the lender's charge has been obtained by the undue influence of her husband. This note considers the impact of the decision upon the parties involved in such transactions. Special consideration is given to the surety wife and her chances of defending possession proceedings brought by lenders in the post Etridge era.
- Subjects
SCOTLAND; LAWYERS; SPOUSES' legal relationship; MONEYLENDERS; MARRIED women; LOANS
- Publication
Feminist Legal Studies, 2003, Vol 11, Issue 1, p57
- ISSN
0966-3622
- Publication type
Article
- DOI
10.1023/A:1023203713984