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Supreme Court hands down judgement in Waller-Edwards v One Savings Bank plc [2025] UKSC 22

On 4 June 2025, the Supreme Court handed down judgment in Waller-Edwards v One Savings Bank plc, in which Antonia Halker appeared for the Respondent bank, led by Joanne Wicks KC, and instructed by David Prideaux of Solaris Law.

The appeal concerned the application of the principles laid down in Barclays Bank v O’Brien [1994] 1 AC 180, CIBC Mortgages plc v Pitt [1994] AC 200 and Royal Bank of Scotland plc v Etridge (No 2) [2002] 2 AC 773 to “hybrid” lending transactions. The Supreme Court allowed the appeal, holding that, a lender is put on constructive notice of undue influence by one joint borrower (A) over the other (B), where on the face of the transaction, there is more than a trivial element of the borrowing which is to be used to discharge the debts of A.

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