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RDG
online Restitution Discussion Group Archives |
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Greetings,
Now available on the Smith Bernal site is the judgment
of the CA given 31 July in 8 conjoined O'Brien-type cases, sub nom. Royal
Bank of Scotland v. Etridge. You can go directly to
or via http://www.smithbernal.co.uk/ casebase_search_frame.htm
and search under "etridge".
The judgment restates the law, particularly on independent
legal advice, and then deals with the eight cases. It marks something
of a retrenchment from O'Brien, with the court enforcing all of the guarantees.
In most cases the holding is that the bank is not fixed with notice of
the vitiating factor nor of the defective legal advice which many of the
women were given.
Portman
Building Soc v Hamlyn Taylor Neck, discussed some weeks ago, is now
reported at [1998] 4 All ER 202.
Lionel
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