11 Questions
Who ran the garage business as a partnership with a franchise from Toyota?
Mr. & Mrs. Williams and their three grown-up children
What was the cost associated with extending and improving the showrooms as demanded by Toyota?
£500,000
What did the bank request as security for the loan it provided?
A charge on the showrooms and each of the partners' homes
Who witnessed the signature of Mrs. Williams on the charge document?
The solicitor, Mr. Howells
What defense did Mrs. Williams raise when UCB sought to enforce the charge?
Undue influence and misrepresentation
What did the trial judge, HHJ Hickinbottom, hold regarding the knowledge of Mrs. Williams about the liability?
She had full knowledge and willingly signed the charge
What is a sufficient condition for undue influence?
That an equitable wrong has been committed
What is the standard for misrepresentation?
That the party relied on the false statement
Why was UCB fixed with constructive notice?
Because UCB should have known about the misrepresentation
What is the role of a solicitor in this case?
To depend on their instructions from UCB
What was UCB's duty in this case?
To check if Mrs. Williams had been advised by the solicitor
Learn about the case summary of UCB v Williams EWCA Civ 555 where the Williams family faced legal issues related to extending and improving showrooms for their garage business with a franchise from Toyota. Understand the implications of bank loans and security charges in partnerships.
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