Barclays Bank plc v O'Brien

E728344

Barclays Bank plc v O'Brien is a leading 1993 House of Lords decision in English law that established key principles on undue influence and a bank’s duty of inquiry when taking security over a family home.

All labels observed (1)

Label Occurrences
Barclays Bank plc v O'Brien canonical 2

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf English contract law case ⓘ
English undue influence case ⓘ
House of Lords decision ⓘ
leading case ⓘ
appliedIn Royal Bank of Scotland plc v Etridge (No 2) ⓘ
areaOfLaw banking law ⓘ
equity ⓘ
security over matrimonial home ⓘ
undue influence ⓘ
citation [1993] 3 WLR 786 ⓘ
[1993] 4 All ER 417 ⓘ
[1994] 1 AC 180 ⓘ
clarifies scope of a bank’s responsibility for misrepresentation by a debtor spouse ⓘ
when a bank is fixed with constructive notice of undue influence ⓘ
concerns security over a family home ⓘ
spousal guarantees ⓘ
country United Kingdom ⓘ
court House of Lords ⓘ
decisionType appeal decision ⓘ
defendant Mr O'Brien ⓘ
Mrs O'Brien ⓘ
establishes bank’s duty of inquiry in non-commercial relationships ⓘ
constructive notice test for banks in undue influence cases ⓘ
requirement for banks to take reasonable steps to ensure informed consent ⓘ
requirement to advise independent legal advice in certain circumstances ⓘ
holds principles on actual undue influence ⓘ
principles on presumed undue influence ⓘ
influenced Royal Bank of Scotland plc v Etridge (No 2) ⓘ
judge Lord Browne-Wilkinson ⓘ
Lord Griffiths ⓘ
Lord Lowry ⓘ
Lord Templeman ⓘ
Lord Woolf ⓘ
jurisdiction England and Wales ⓘ
keyword bank’s duty of inquiry ⓘ
constructive notice ⓘ
matrimonial home ⓘ
spousal guarantee ⓘ
undue influence ⓘ
leadingJudge Lord Browne-Wilkinson ⓘ
legalPrinciple a bank is put on inquiry where a wife guarantees her husband’s debts and the transaction is not to her financial advantage ⓘ
constructive notice arises where a bank fails to make proper inquiry in suspicious circumstances ⓘ
failure to take reasonable steps to ensure informed consent may render security unenforceable ⓘ
legalSystem common law ⓘ
plaintiff Barclays Bank plc ⓘ
linked to: Barclays
result security set aside as against the wife ⓘ
subjectMatter enforcement of a charge over the matrimonial home ⓘ
wife’s guarantee of husband’s business debts ⓘ
yearDecided 1993 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Nicholls of Birkenhead → notableWork → Barclays Bank plc v O'Brien ⓘ
Lord Browne-Wilkinson → notableWork → Barclays Bank plc v O'Brien ⓘ