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Sender:
Lionel Smith
Date:
Thu, 15 Oct 1998 17:03:03
Re:
new cases

 

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

http://194.223.116.203/casebase/cb.nsf/ 10141849806f74a9802565d7005e0cce/ 66a09129d06f38e0802566410051ed99?Open Document

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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