The Weekly Law Reports
[1999] 1 WLR 1919
[HOUSE OF LORDS]
BARCLAYS BANK PLC Appellant and BOULTER and Another Respondent
1999 July 1,
5;
Oct. 21
Oct. 21
Lord Slynn of Hadley, Lord Nolan, Lord Steyn, Lord Hoffmann and Lord Hutton
Undue Influence
— Constructive notice
— Husband and wife
— Jointly executed charge over matrimonial home securing husband's debts to bank
— Bank claiming possession
— Wife claiming equity to set aside security
— Alleged misrepresentation by husband as to nature of charge
— No express allegation of constructive notice against bank
— Whether burden on wife to plead constructive notice
— Whether facts pleaded sufficient
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