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Undue Influence and the Scope of Solicitors’ Duties: Padden Vs Bevan Ashford

Summary: In Padden v Bevan Ashford Solicitors the Court of Appeal has considered the scope of solicitors’ duties in advising clients in respect of the purpose and effect of transactions, particularly in respect of transactions where there may be a suggestion of undue influence. The case is of particular relevance to practitioners advising clients in respect of mortgage transactions. Julian Johnstone, Head of Druces’ Litigation and Dispute Resolution team, considers the decision

Relevant to: Legal Practitioners, Mortgagors and Mortgagees