First National Bank v Achampong [2003]


  • A wife and joint tenant guaranteed her husband’s business debts
  • The bank failed to separately advise the wife about the risks of the transaction in accordance with guidance set out in RBS v Etridge [2002]


  • Was the transaction against the wife unenforceable as a result of undue influence?
  • What were the implications of an affirmative¬†decision?


  • Presumed undue influence found, irrespective of proof of actual undue influence – preserving trusting relationships


RELATED CASE  Gillett v Holt [2001]

Posted in Land Law Revision Notes.

This page was last updated on 28th April 2015

© 2020 Webstroke Law - Terms and Privacy Policy