Lloyd's Maritime and Commercial Law Quarterly
GUARANTEES—CREDITOR’S DUTY OF DISCLOSURE TO SURETY
Levett v. Barclays Bank
Despite the recent cases1 in which security provided by a wife for a bank loan to her husband has been challenged for misrepresentation or undue influence by the husband, Levett v. Barclays Bank Plc
2, decided by Mr Michael Burton, Q.C., sitting as a Deputy Judge of the High Court, seems to be the only reported English case since 1946 in which
1. Notably Barclays Bank Plc v. O’Brien [1994] A.C. 180; C.I.B.C. Mortgages Plc. v. Pitt [1994] A.C. 200; Massey v. Midland Bank Plc [1995] 1 All E.R. 929; Banco Exterior Nacional v. Mann [1995] 1 All E.R. 936; and TSB Bank Plc. v. Camfield [1995] 1 W.L.R. 430; Midland Bank v. Serter [1995] The Independent, 8 March. See Berg [1994] LMCLQ 34; Cretney, “Mere Puppets, Folly and Imprudence: Undue Influence for the Twenty-First Century” [1994] Restitution Law Review 3; Hooley, “Taking Security after O’Brien”, infra, 346.
2. [1995] 2 All E.R. 615.
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