Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani)
Rare successful undue influence defence. Ben Archer is interviewed by LexisPSL in relation to this decision of the Chancery Division handed down at the end of 2019, in which Matthew Bradley successfully defended a claim by an Indian bank after a 13 day trial. The claim against Matthew’s client was based on a personal guarantee and a mortgage entered into 13 years apart. Matthew successfully resisted the claim against his client on the basis of undue influence, obtaining rescission of both the personal guarantee and the mortgage, leaving his client’s share of her assets protected against the Bank’s claim. Read Ben’s article here.