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UCB v Williams EWCA Civ 555 Court of Appeal Case Summary

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UCB v Williams EWCA Civ 555 Court of Appeal Case Summary

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Questions and Answers

Who ran the garage business as a partnership with a franchise from Toyota?

The solicitor, Mr. Howells, only
Mr. & Mrs. Williams and their three grown-up children (correct)
One of the sons of Mr. & Mrs. Williams
Mr. and Mrs. Williams only

What was the cost associated with extending and improving the showrooms as demanded by Toyota?

£750,000
£250,000
£1,000,000
£500,000 (correct)

What did the bank request as security for the loan it provided?

No security was requested
A charge on the partners' homes only
Only a charge on the showrooms
A charge on the showrooms and each of the partners' homes (correct)

Who witnessed the signature of Mrs. Williams on the charge document?

The solicitor, Mr. Howells (D) Signup and view all the answers

What defense did Mrs. Williams raise when UCB sought to enforce the charge?

Undue influence and misrepresentation (B) Signup and view all the answers

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 (D) Signup and view all the answers

What is a sufficient condition for undue influence?

That an equitable wrong has been committed (B) Signup and view all the answers

What is the standard for misrepresentation?

That the party relied on the false statement (D) Signup and view all the answers

Why was UCB fixed with constructive notice?

Because UCB should have known about the misrepresentation (C) Signup and view all the answers

What is the role of a solicitor in this case?

To depend on their instructions from UCB (C) Signup and view all the answers

What was UCB's duty in this case?

To check if Mrs. Williams had been advised by the solicitor (A) Signup and view all the answers