EXTRACT
In One Savings Bank plc v Catherine Waller-Edwards, the Court of Appeal considered – for the first time – whether banks are put on constructive notice to potential undue influence in joint benefit remortgage/suretyship hybrid transactions. At a time where there is an increasing awareness of economic abuse as a form of domestic abuse, this appeal offered an important opportunity to reassess banks’ responsibilities in assisting potential victim-survivors. Unfortunately, that opportunity was not seized. In this case comment, I set out the negative impacts the Court of Appeal judgment could have on victim-survivors of economic abuse going forward, and how these concerns could – since this case has now been given leave to appeal – be addressed by the Supreme Court.
Eleanor Rowan, Economic abuse, the bank, and the devil in the detail: One Savings Bank plc v Catherine Waller-Edwards [2024] EWCA Civ 302, Legal Studies. Published online by Cambridge University Press: 7 February 2025.
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