The Supreme Court has recently issued a judgment of considerable consequence in Waller-Edwards vs One Savings Bank Plc [2025] UKSC 22, a decision that will resound across the financial services landscape.
In an article for the Financial Times Adviser, Lorna du Sautoy explains how the ruling provides much-needed clarity on when a lender is put on inquiry in hybrid lending cases involving potential undue influence, replacing the previously complex and uncertain approach with a strict bright-line test.
"Where loans have joint aims, the documentation must support that narrative. Where one party stands to lose significantly more than the other, or where loan proceeds clearly address another’s private liabilities, the lender must be alert to this and require that the proper advice protocols are followed."
Lorna du Sautoy
Partner
Read the full article on the Financial Times Adviser.
