KENYON-BROWN v DESMOND BANKS & CO

[2000] Lloyd's Rep PN 338

COURT OF APPEAL

Before Lord Justice Peter Gibson, Lord Justice Mance and Mr Justice Wilson

Solicitors - Negligence - Duty of care - Mortgages - Undue influence - Wife entering into second mortgage of holiday home to secure husband’s debts to bank - Wife having complete trust in husband and informing husband’s solicitor she was happy to go along with mortgage and did not want him to go into it in detail - Whether solicitor fulfilling duty to wife with regard to possibility of undue influence - Whether conflict of interest - Whether inconsistency in trial judge’s findings.