Standing surety in England and Wales: the sphinx of procedural protection

Date

2008

Advisors

Journal Title

Journal ISSN

ISSN

0306-2945

DOI

Volume Title

Publisher

Informa Publishing.

Type

Article

Peer reviewed

Abstract

Discusses what legal protection is available for non-professional sureties who guarantee the borrowing of family members or friends. Reviews case law on undue influence, unconscionability and creditors' duty to ensure that sureties have independent legal advice. Considers the requirements for creditors to act in good faith and for proper purposes in repossessions and insolvency proceedings. Looks at the policy of reducing the state's role in social welfare, and compares the treatment of sureties in continental Europe.

Description

Keywords

Banking and finance, Mortgagees' powers and duties, Undue influence, Sureties

Citation

Kenny, M., Fox O'Mahony, L. and Devenney, J. (2008) Standing surety in England and Wales: the sphinx of procedural protection. Lloyd's Maritime and Commercial Law Quarterly, 2008 (4), pp. 513-535.

Rights

Research Institute