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

Date
2008
Authors
Kenny, Mel
O'Mahony, J.
Devenney, J.
Journal Title
Journal ISSN
ISSN
0306-2945
DOI
Volume Title
Publisher
Informa Publishing.
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.
Research Institute