Bank of Credit and Commerce International SA v Aboody

BCCI SA v Aboody

Court	Court of Appeal
Full case name	Bank of Credit and Commerce International SA v Aboody and Another
Citation(s)	[1992] 4 All ER 955
Case opinions
Slade LJ
Keywords
Undue influence

Bank of Credit and Commerce International SA v Aboody [1992] 4 All ER 955 is an English contract law case relating to undue influence.

Facts

Mrs Aboody signed a document making a charge over the family home in favour of Bank of Credit and Commerce International, to secure her husband’s borrowing for his company. Mr Aboody had bullied her, and she had signed to get some peace.

Judgment

Slade LJ held that because of National Westminster Bank plc v Morgan [1985] UKHL 2 "manifest disadvantage" had to be shown even in cases of actual undue influence. The transaction was not manifestly disadvantageous, but this requirement was subsequently overruled in CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993).

Cases on undue influence

Allcard v Skinner (1877) LR 36 Ch D 145

Williams v Bayley (1886) LR 1 HL 200

Tate v Williamson (1886) LR 2 Ch App 55

Bank of Montreal v Stuart [1911] AC 120

Lloyds Bank Ltd v Bundy [1974] EWCA Civ 8

National Westminster Bank plc v Morgan [1985] UKHL 2

BCCI v Aboody [1992] 4 All ER 955

CIBC Mortgages plc v Pitt [1993] UKHL 7

Barclays Bank plc v O'Brien [1993] 4 All ER 417

Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 41

National Westminster Bank plc v Amin [2002] UKHL 9

Hammond v Osborn [2002] EWCA Civ 885

National Commercial Bank of Jamaica v Hew [2003] UKPC 51

Pesticcio v Huet [2004] EWCA Civ 372

Thompson v Foy [2009] EWHC 1076 (Ch)

see Undue influence in English law

English contract law
Undue influence in English law
Iniquitous pressure in English law
Lloyds Bank Ltd v Bundy [1975] QB 326
Williams v. Walker-Thomas Furniture Co. 350 F.2d 445 (C.A. D.C. 1965)

Notes

References

External links

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