Case Note Research

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Advanced Legal Process & Research
Note & Case Law Research

Index

Index1
CITATION.2
COURT.2
BRIEF STATEMENT OF MATERIAL FACTS.2
PROCEDURAL HISTORY.3
GROUNDS FOR APPEAL AND/OR ISSUES TO BE DECIDED.3
SUMMARY OF COURT'S ANALYSIS OF LAW.5
PRINCIPLE OF LAW TO BE APPLIED5
DESCRIPTION OF HOW LAW APPLIED TO THE FACTS.6
DECISION.8
ORDER MADE BY THE COURT.8
SOCIAL OR CULTURAL CONTEXT.9
Part B - Case Law Research (10 marks)10
Case Citations10
Locating the Full Judgment of Cases10
Finding Judicial Consideration of Cases/Noting Up10
Locating cases on a legal topic11
Part C – Secondary Sources, Annotated Bibliography & Reflections (6 marks)12 Objectives:12
Secondary Sources (3 marks)12
Books and the Library Catalogue13
Legal Dictionaries and Encyclopaedias13
Journal Articles13
Annotated Bibliography (3 marks)14

CITATION.

Lloyds Bank Ltd v Bundy [1975] QB 326

COURT.

Court of Appeal, three Judges: Lord Denning M.R., Cairns LJ. And Sir Eric Sachs.

BRIEF STATEMENT OF MATERIAL FACTS.

An elderly man, Mr. Bundy, mortgaged his house to Lloyds Bank to act as guarantee for an overdraft for his son's machine hire business, MJB Plant Hire LTD in September 1966. Mr. Bundy’s Yew Tree farm was his only asset. The value of the guarantee increased over the years in line with the overdraft, until in 1969 the guarantee exceeded the entire value of the property.

Both, Mr. Bundy and his son had been customers of the bank for many years. Although Mr. Bundy had been advised by his solicitor not to extend the guarantee any further after it had reached about two thirds of the value of the property, the bank kept extending loans to Mr. Bundy’s son company while increasing the security over the house with full knowledge that his son’s company was in a precarious position, and was facing such structural and financial difficulties that it would have been a matter of time before it was foreclosed by its creditors.

Mr. Bundy relied on Mr Head’s advice as bank manager in relation to each transaction. Mr Head did explain Mr. Bundy the financial position of the company, but did not tell Mr. Bundy that the company was in serious trouble.

Eventually, Mr. Bundy’s son company collapsed in 1970 and Lloyd Bank sought and obtained a court order to sell Mr. Bundy’s Yew Tree farm. Mr Bundy appealed claiming the contract should not be enforced due to the circumstances under which he had signed the mortgage. At appeal, the judge upheld the contract and ruled in favor of the bank.

PROCEDURAL HISTORY.

The appeal was heard in the Court Of appeal (Lord Denning M.R., Cairns LJ. and Sir Eric Sachs) from a judgment by Judge McLellan at Salisbury County Court.

A county court judge, Judge McLellan of the XXXX court granted Lloyds bank an order for possession of the Yew Tree Farm in favor of Lloyds bank on June 6, 1973.

house and dismissed the defendant’s counterclaim for the setting aside of the guarantee and legal charge of December 17, 1969.

GROUNDS FOR APPEAL AND/OR ISSUES TO BE DECIDED.

1) That the judgment that there was no duty on the plaintiff through its branch manager to ensure that the defendant received independent advice before executing the legal charge and joint guarantee respectively was against the weight of the evidence. That the judge ought to have held;

(a) That there was a relationship of confidence between them giving rise to a fiduciary duty on the part of the plaintiff through its branch manager not merely to explain the effect of the joint guarantee and legal charge to the defendant but to ensure that he was advised whether or not they were reasonable and proper transactions for him to enter into;

(b) That the plaintiffs branch manager did not on the evidence give such...
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