Royal Bank of Scotland plc v Etridge (No 2)

RBS plc v Etridge (No 2)
CourtHouse of Lords
Full case name Royal Bank of Scotland Plc v Etridge (No.2), Barclays Bank Plc v Coleman, Barclays Bank Plc v Harris, Midland Bank Plc v Wallace, National Westminster Bank Plc v Gill, UCB Home Loans Corp Ltd v Moore, Bank of Scotland v Bennett, Kenyon-Brown v Desmond Banks & Co (Undue Influence) (No.2)
Decided11 October 2001
Citations[2001] UKHL 44
[2002] 2 AC 773
[2001] 4 All ER 449
[2001] 3 WLR 1021
[2001] 2 All ER (Comm) 1061
Case history
Prior actionsImmediate prior actions: Three appeals from pre-trial stage striking them out, five from High Court trial decision or Court of Appeal decision.
Subsequent actionsWallace and Harris interlocutory; arguable cases made out; ordered: wife could go to trial hearings as to the substantial evidence; Morris interlocutory; appeal wholly allowed (as no joint retainer etc.) no need for trial.
Case opinions
Decision byLord Bingham of Cornhill
Lord Nicholls of Birkenhead
Lord Clyde
Lord Hobhouse of Woodborough
Lord Scott of Foscote
Keywords
Undue influence, matrimonial home

Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44 (11 October 2001) is a leading case concerned with English land law and English contract law and the circumstances under which actual and presumed undue influence can be argued to vitiate consent to a contract.